Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Telex communications

Legal area

Court

30 Jun 2005

WEDGE MARINE LTD v. ORIENTAL UNION HOLDINGS LTD AND OTHERS

Citation

WEDGE MARINE LTD v. ORIENTAL UNION HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL18/2002

The recap telex did not create an operative guarantee by IPH; it was a contractual promise by Simpson Spence on behalf of the charterers to procure a guarantee from IPH. Consequently there was no enforceable guarantee against IPH or Simpson Spence and the plaintiff's claims failed.
6 Nov 1998

RUDOLPH ROBINSON STEEL CO. v. NISSHO IWAI HONG KONG CORPORATION LTD. AND ANOTHER

Citation

RUDOLPH ROBINSON STEEL CO. v. NISSHO IWAI HONG KONG CORPORATION LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV127/1998

Nissho, by instructing Sanwa and through Sanwa's telexes, thereby assumed personal liability to pay the outstanding 20% balance; Sanwa acted as Nissho's agent in conveying the offer and in receiving the draft survey report, and the court construed negotiation as receipt by Sanwa, so the condition precedent was satisfied and Nissho was liable for US$447,999.72.