Hong Kong Case Law: Decisions & Judgments

Topic

Agent authority

Legal area

Court

24 Nov 2023

BEL INTERNATIONAL LOGISTICS LTD v. CTS INTERNATIONAL LOGISTICS CORPORATION (HK) LTD

Citation

[2023] HKCFI 3000
Court

Court of First Instance
Case number

HCA1619/2019

The pleaded express Oral Agreement was not proven: it was inherently improbable, contradicted by contemporaneous documents and prior pleadings, and unsupported by credible witness evidence; Engine lacked authority to bind CTSHK to such a blanket undertaking; no implied agreement or estoppel arose; CTSHK proved payments were made under a mistake of fact and established unjust enrichment requiring repayment of HK$1,235,479.26 plus agreed interest; Bel's primary claim dismissed and CTSHK's counterclaim allowed, with costs to CTSHK and direction concerning solicitor's wasted costs undertaking.
20 Dec 2017

RE SHING PUI KEUNG

Citation

RE SHING PUI KEUNG
Court

Court of First Instance
Case number

HCB686/2017

The court found the debtor had raised arguable, substantiated bona fide disputes on substantial grounds — credible evidence of implied-term breaches, plausible causation for resignation, arguable estoppel from oral representations and a non-frivolous cross-claim — such that the summary bankruptcy remedy was inappropriate; accordingly the petition was dismissed and an order nisi made for costs in favour of the debtor.
21 Sept 2016

SUN TIAN GANG v. HONG KONG & CHINA GAS (JILIN) LTD

Citation

SUN TIAN GANG v. HONG KONG & CHINA GAS (JILIN) LTD
Court

Court of First Instance
Case number

HCCT46/2015

The court found on the facts that the Notice of Arbitration and Award were not effectively received by Sun (service to the three addresses was ineffective or rebutted), Sun was detained and in fact unable to present his case in the arbitration, the purported Authorization did not validly authorize acceptance of service (and is likely forged), the deeming provisions can be rebutted, and the court has discretion to extend the Article 34(3) time limit; accordingly the Award was set aside, leave to apply out of time granted, and a Limitation Order made.
6 Jun 2006

ROBIN HARGREAVES ON HIS OWN BEHALF ON BEHALF OF THOSE LLOYDS\' SYNDICATES LISTED ON THE SCHEDULE TO THE WRIT OF SUMMONS v. TAIAN INSURANCE CO. LTD

Citation

ROBIN HARGREAVES ON HIS OWN BEHALF ON BEHALF OF THOSE LLOYDS\' SYNDICATES LISTED ON THE SCHEDULE TO THE WRIT OF SUMMONS v. TAIAN INSURANCE CO. LTD
Court

Court of First Instance
Case number

HCCL27/2005

The plaintiff failed to show that Hong Kong was clearly the appropriate forum because the putative proper law of the contract is Taiwanese law and the central disputed issues require application of Taiwanese insurance law and the distinctive Taiwanese internal co-insurance practice; accordingly the ex parte leave to serve out was set aside.
24 Nov 2005

SHUNG KING DEVELOPMENT CO LTD AND OTHERS v. OPTICAL OUTLET (HONG KONG) LTD

Citation

SHUNG KING DEVELOPMENT CO LTD AND OTHERS v. OPTICAL OUTLET (HONG KONG) LTD
Court

District Court
Case number

DCCJ1287/2005

The Confirmation, containing all essential terms and signed by both parties, constituted a binding tenancy; the Defendant repudiated the tenancy by refusing to take possession and pay; the Defendant failed to show any credible triable defence (user, non‑tenancy, non‑delivery of possession, estoppel) and summary judgment was therefore appropriate for arrears (less deposit) with interlocutory judgment on loss to be assessed; limited amendments to pleadings allowed.
12 Jul 1999

GLENCORE INTERNATIONAL A.G. v. BRIGHT CHINA INTERNATIONAL LTD. AND OTHERS

Citation

GLENCORE INTERNATIONAL A.G. v. BRIGHT CHINA INTERNATIONAL LTD. AND OTHERS
Court

Court of First Instance
Case number

HCCL166/1997

On these facts the court held Glencore proved its claim against Bright China for US$336,251.84 with interest, but Glencore was not entitled to exercise an unpaid-seller's lien over the 250 bundles because property and effective negotiation had passed and the letters of credit/negotiation constituted de facto transfer/pledge; Keen Lloyd breached the July contract and is liable to Glencore for US$747,230.17; Keen Lloyd is entitled to the sale proceeds then standing in Court and an additional US$52,327.82; Keen Lloyd's restitutionary claim for overpayments under forged contracts is dismissed bec…
8 Dec 1995

CHIU KAM SHUM v. CHAK CHOI KWAN and Another

Citation

CHIU KAM SHUM v. CHAK CHOI KWAN and Another
Court

Court of First Instance
Case number

HCA4895/1992

The 2nd defendant acted without authority from the 1st defendant and the 1st defendant did not affirm the contract; however the provisional agreement together with the inventory schedule constituted a sufficient memorandum under s.3 so that the plaintiff had a binding contract with the 2nd defendant; the plaintiff's claim against the 1st defendant for specific performance was dismissed and the plaintiff recovered against the 2nd defendant for breach with damages to be assessed; the fraud counterclaim failed.
27 Aug 1992

RE STERHEN HENRY MILLER

Citation

RE STERHEN HENRY MILLER
Court

Court of First Instance
Case number

HCB114/1992

The proviso to s.4 of the Bankruptcy Ordinance permits a bankruptcy notice to require payment to an authorised agent without naming the petitioning creditor in the alternative; such omission does not invalidate the notice. The petition was properly attested. Consequently the receiving order was justified and granted.
16 May 1991

ROBERT W.H. WANG & CO. (a firm) v. HOGN KONG PING JENG LAU CO. LTD.

Citation

ROBERT W.H. WANG & CO. (a firm) v. HOGN KONG PING JENG LAU CO. LTD.
Court

Court of Appeal
Case number

CACV1/1991

The Court of Appeal held that the judge below was not plainly wrong in concluding there was a serious issue to be tried on the existence of a collateral contract and that the balance of convenience favoured granting an interlocutory injunction; clause 8 and s.3 Cap.219 presented obstacles but were not dispositive at interlocutory stage; accordingly the appeal was dismissed and the injunction below was maintained pending trial.
14 Jan 1988

THE QUEEN v. WONG KWOK SUN

Citation

THE QUEEN v. WONG KWOK SUN
Court

Court of First Instance
Case number

HCMA942/1987

Appellant's unauthorised and dishonest signing of the direct debit authorisation created a real risk of prejudice to the insurer's rights by producing false entries that could affect the insurer's financial position; that risk established intent to defraud and upheld the conviction for forgery under s72(1).