Hong Kong Case Law: Decisions & Judgments

Topic

Termination for repudiation

Legal area

Court

20 Jun 2013

KARCE INTERNATIONAL HOLDINGS CO LTD AND ANOTHER v. CHINA EAGLE DEVELOPMENT LTD AND ANOTHER

Citation

KARCE INTERNATIONAL HOLDINGS CO LTD AND ANOTHER v. CHINA EAGLE DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1660/2012

On the pleaded facts and in default of any defence the court was satisfied there was a total failure of consideration entitling the plaintiffs to terminate the Acquisition Agreement and to restitution; accordingly judgment in default was entered ordering return of specified sums with interest and costs.
13 Nov 2008

SUPERIOR CORPORATION LTD v. MTR CORPORATION LTD

Citation

SUPERIOR CORPORATION LTD v. MTR CORPORATION LTD
Court

Court of Appeal
Case number

CACV221/2008

Leave to the Court of Final Appeal was refused because appellants, represented by solicitors and counsel, deliberately failed to move the appeals when the Court of Appeal sat to hear them, conduct amounting to an abuse of the court's process which disentitled them to further appellate relief; the underlying strike out for repudiation and dismissal of the claim was properly made and upheld.
13 Nov 2008

SOURCE INC. LTD v. MTR CORPORATION LTD

Citation

SOURCE INC. LTD v. MTR CORPORATION LTD
Court

Court of Appeal
Case number

CACV230/2008

Leave to appeal was refused because the appellants, represented in court, deliberately failed to move the appeals in the Court of Appeal which amounts to an abuse of process; given that abuse and the valid finding of purchaser's default and lawful termination, there was no proper basis or public importance warranting leave to the Court of Final Appeal.
12 Jun 2008

HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER

Citation

HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ3212/2006

Court held Hang Lung had capacity to sue in its own name; Becky Tang, having signed the tenancy agreement as surety, was liable because no sufficient evidence of misrepresentation, undue influence or mistake was proved; tenancy was terminated by acceptance of repudiation in early March 2006; damages were assessed, deposit forfeiture given credit against damages, interest and costs ordered accordingly.
31 Oct 2000

GRAND TRADE DEVELOPMENT LTD. v. BONANCE INTERNATIONAL LTD.

Citation

GRAND TRADE DEVELOPMENT LTD. v. BONANCE INTERNATIONAL LTD.
Court

Court of First Instance
Case number

HCMP2342/2000

A company document bearing the company's common seal is duly executed in the absence of article provisions to the contrary; the court declined to follow prior decisions requiring both sealing and additional signatures where not compelled by the articles, held s.23 presumption applied to the assignments in issue, and therefore the vendor's title was not defective and the plaintiff's claim failed.
3 Apr 2000

FONG ON CONSTRUCTION AND ENGINEERING CO. LTD. v. ABERCAN LTD.

Citation

FONG ON CONSTRUCTION AND ENGINEERING CO. LTD. v. ABERCAN LTD.
Court

Court of First Instance
Case number

HCCT118/1999

Leave to appeal was refused because the applicant failed to rebut the strong presumption of finality: the issue was effectively a one-off fact-dependent situation, there was no evidence the point is of recurring commercial importance, and the arbitrator (an experienced lawyer) was not plainly or obviously wrong in holding that an invalid clause 25 notice could, on its construction and on the facts found, operate as an acceptance of repudiation at common law.

Hong Kong Case Law

KARCE INTERNATIONAL HOLDINGS CO LTD AND ANOTHER v. CHINA EAGLE DEVELOPMENT LTD AND ANOTHER

SUPERIOR CORPORATION LTD v. MTR CORPORATION LTD

SOURCE INC. LTD v. MTR CORPORATION LTD

HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER

GRAND TRADE DEVELOPMENT LTD. v. BONANCE INTERNATIONAL LTD.

FONG ON CONSTRUCTION AND ENGINEERING CO. LTD. v. ABERCAN LTD.