Hong Kong Case Law: Decisions & Judgments

Topic

Termination by notice

Legal area

Court

21 Oct 2022

THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

Citation

[2022] HKLdT 56
Court

Lands Tribunal
Case number

LDBM103/2019

The Chinese Agreement constitutes a licence (a permit) granted by the Incorporated Owners to Concord Star and successors to use the original corridor; no equitable/proprietary interest passed because the IO had no proprietary title to common parts to assign; the licence was not coupled with a proprietary interest and, in the absence of an express duration, the court implies a term that it is terminable on reasonable notice; six months' notice served was reasonable; no estoppel or acquiescence barred enforcement; accordingly the IO was entitled to an order for reinstatement, injunction and cos…
15 Jun 2021

張訓豪對曾詠儀

Citation

[2021] HKLdT 45
Court

Lands Tribunal
Case number

LDPD579/2021

Tribunal found respondent not credible, found parties reached agreement by WhatsApp that respondent would vacate and that landlord re-let relying on that representation; security deposit could not be treated as immediate payment of rent; respondent breached obligations and therefore must surrender vacant possession and pay arrears from 19 March 2021, broadband fees from 19 April 2021, compensation for disposed furniture, witness fee and costs; application granted.
20 Apr 2018

SO SHEUNG HIN BEN v. CHUBB LIFE INSURANCE CO LTD (formerly known as ACE LIFE INSURANCE COMPANY LTD)

Citation

[2018] HKCA 209
Court

Court of Appeal
Case number

CACV204/2017

Although the termination notices were validly given and interpreted objectively, the Court of Appeal allowed the appeal because the debtor raised bona fide substantial disputes (supported by largely unchallenged affidavit evidence) that Chubb may have exercised its termination power with dominant intention to trigger the claw-back and that an implied anti-recoupment term and the construction/effect of the entire agreement clause warranted trial resolution rather than summary dismissal; accordingly the statutory demand was set aside.
20 Jan 2014

AIA INTERNATIONAL LTD v. CHAN WAI CHUNG

Citation

AIA INTERNATIONAL LTD v. CHAN WAI CHUNG
Court

District Court
Case number

DCCJ1687/2013

The pre-contractual assurance was too vague to create an enforceable collateral term and is excluded by the express entire agreement clauses in the CR Contract and LOU; there is no evidence of post-contractual conduct amounting to waiver or estoppel; AIA's demand did not amount to an anticipatory breach that precludes reliance on post-termination refund clauses; therefore defendants have no arguable defence and summary judgment is granted for AIA and the counterclaims are struck out.
6 Aug 2004

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS

Citation

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS
Court

Court of First Instance
Case number

HCA193/2003

The judge held there was no evidence the change to the signature mandate was a material variation of the principal contract that would discharge the surety; the termination notice was ineffective because the guarantee required notice by all guarantors and the unilateral notice by the 3rd defendant did not suffice; a demand was made within the three month period (18 September 2001) and thus the plaintiff retained the right to call on the guarantor; no triable issues arose on the amount or other matters, so summary judgment was appropriate for the plaintiff.
20 Sept 1994

HONG KONG AIRCREW OFFICERS ASSOCIATION v. CATHAY PACIFIC AIRWAYS LTD.

Citation

HONG KONG AIRCREW OFFICERS ASSOCIATION v. CATHAY PACIFIC AIRWAYS LTD.
Court

Court of First Instance
Case number

HCMP476/1994

The Basings Agreement was not legally enforceable because, on a true construction of the document and its surrounding circumstances, the parties did not intend to create legal relations; the wording (notably 'envisaged') and the industrial context indicate an agreement binding in honour only, therefore the plaintiff's claims fail.

Hong Kong Case Law

THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

張訓豪 對 曾詠儀

SO SHEUNG HIN BEN v. CHUBB LIFE INSURANCE CO LTD (formerly known as ACE LIFE INSURANCE COMPANY LTD)

AIA INTERNATIONAL LTD v. CHAN WAI CHUNG

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS

HONG KONG AIRCREW OFFICERS ASSOCIATION v. CATHAY PACIFIC AIRWAYS LTD.

張訓豪對曾詠儀