Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver clause

  • 4 Jun 2025

    NCM v. FLICBL

    Citation
    [2025] HKCFI 2476
    Court
    Court of First Instance
    Case number
    HCSD55/2024

    The Applicant raised a bona fide dispute on substantial grounds—supported by contemporaneous evidence—that the Respondent unlawfully revoked production credit arising from the Disputed Policies and that the Applicant met the Contract-to-date PC Requirement; because these are genuine factual issues appropriate for trial and not for bankruptcy proceedings, the statutory demand could not stand and must be set aside, with costs to the Applicant.

  • 22 Oct 2020

    MULTI ELITE LTD v. LI YAN PING AND ANOTHER

    Citation
    [2020] HKCFI 2689
    Court
    Court of First Instance
    Case number
    HCA1486/2014

    On the facts the waiver clause in the Shop 4 appendix was drafted in clear, ordinary language and, taken with the factual matrix, fairly alerted a reasonable purchaser to the risk of unauthorised alterations/UBWs; the purchaser knowingly accepted that risk by signing the PASP and appendix. Defendant 1 had no actual knowledge of the alleged UBWs; even if knowledge were alleged the operative issue is construction of the waiver. Purchaser was therefore precluded from refusing completion on the basis of the alleged UBWs and repudiated the PASP; defendant 1 validly forfeited the deposits. Defendan…