Hong Kong Case Law: Decisions & Judgments

Topic

Agreement interpretation

Legal area

Court

12 Sept 2019

IAN RICHARD CARVER CULLEN, T/A IAN CULLEN & ASSOCIATES v. KAISILK DEVELOPMENT LTD

Citation

[2019] HKCFI 2206
Court

Court of First Instance
Case number

HCA584/2017

The court construed the 1st Agreement to mean that where the provider's works ceased before completion of the compensation process paragraph 4.3 entitled the provider to charge on a time basis and paragraph 4.5 made such charges payable within 14 days of issue of the debit note; applying that construction, the plaintiff's time‑basis claim under the 1st Agreement was time‑barred. The court found the 2nd Agreement (contingency bonus) and the 3rd Agreement (lump sum for Rule 20) were valid and supported by consideration and were not time‑barred; the defendant did not establish an unequivocal ant…
20 May 2014

KINETICS MEDICAL AND HEALTH GROUP COMPANY LTD AND OTHERS v. DR TSE IVAN CHEONG YAU

Citation

KINETICS MEDICAL AND HEALTH GROUP COMPANY LTD AND OTHERS v. DR TSE IVAN CHEONG YAU
Court

Court of Appeal
Case number

CACV228/2013

The Addendum created a temporary suspension (grace period) of payment obligations while specified trigger events persisted but did not extinguish the defendant's liability; the grace period ended by April 2010 when triggers ceased or obligations to provide support ended, the defendant could not indefinitely postpone payment by failing to agree adjustments, the defendant's damages were limited and were set off against the Balance Price, and therefore the appeal was dismissed and the judgment below upheld.
10 Dec 2008

MA MEE KIU AND OTHERS v. CHAU CHUN YUEN

Citation

MA MEE KIU AND OTHERS v. CHAU CHUN YUEN
Court

Court of Appeal
Case number

CACV173/2007

The appeal was dismissed because the appellants failed to show the trial judge was plainly wrong; the judge's acceptance of the Defendant's evidence (including corroborative admissions by the 2nd Plaintiff and credible hearsay from the sister) was justified, and the 10-year agreement was found to have discharged the buy-out agreement; capacity issues were immaterial to the outcome.
18 Feb 1992

LUCKYLOT LTD. v. YAN KWOK FAI AND ANOTHER

Citation

LUCKYLOT LTD. v. YAN KWOK FAI AND ANOTHER
Court

Court of First Instance
Case number

HCA6869/1991

The appeal was dismissed because there existed a genuine, triable dispute of fact as to when the second $50,000 was to be paid and whether a binding agreement for payment on signing the formal agreement was reached; credibility and conflicting account issues could not be resolved on affidavit evidence alone, so specific performance could not be granted at the interlocutory stage and the matter must go to trial.
25 Apr 1989

WONG TAK HANG v. GOLD CHECK LTD t/a KONDO LOUNGE

Citation

WONG TAK HANG v. GOLD CHECK LTD t/a KONDO LOUNGE
Court

Court of First Instance
Case number

HCA151/1988

The court found there was a valid surrender effected by the executed written Chinese document and the offer of keys on 10 December 1987, and that the forfeiture of the three months' deposit was intended as full compensation; the plaintiff failed to prove an agreement for payment of rent arrears, therefore the plaintiff's claim was dismissed.

Hong Kong Case Law

IAN RICHARD CARVER CULLEN, T/A IAN CULLEN & ASSOCIATES v. KAISILK DEVELOPMENT LTD

KINETICS MEDICAL AND HEALTH GROUP COMPANY LTD AND OTHERS v. DR TSE IVAN CHEONG YAU

MA MEE KIU AND OTHERS v. CHAU CHUN YUEN

LUCKYLOT LTD. v. YAN KWOK FAI AND ANOTHER

WONG TAK HANG v. GOLD CHECK LTD t/a KONDO LOUNGE