Hong Kong Case Law: Decisions & Judgments

Topic

Apparent/actual authority

Legal area

Court

25 Mar 2014

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

Citation

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD
Court

Court of First Instance
Case number

HCMP2299/2013

The court held that the Norton Rose memorandum remained privileged and there was no actual or ostensible authority on the evidence for Hui to waive privilege; there was no implied waiver by putting the advice in issue; the subpoena for Hui was discharged as belated and oppressive; consequently the plaintiff was entitled to injunction relief restraining use/disclosure of the privileged material and delivery up of the document, and certain passages of Lam's affirmation identifying exhibit LYH65 were struck out.
29 Nov 2013

URBAN RENEWAL AUTHORITY v. AGRILA LTD AND ANOTHER

Citation

URBAN RENEWAL AUTHORITY v. AGRILA LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1582/2002

On construction the Heads of Agreement expressly made the 1st defendant responsible for Acquisition Funds including resumption payments and, read with the Restructuring Agreement and its Memorandum, an implied term (and the commercial matrix) established the 1st defendant's contractual liability; in any event the defendants are estopped by convention from denying liability because they and LDC conducted themselves on the shared assumption that the 1st defendant would pay resumption demands until August 2000; A&I(3) did not discharge resumption liabilities; no collateral/oral settlement existe…
29 Nov 2013

KWOK KWONG PANG v. SHUM KIT MAN ALAN

Citation

KWOK KWONG PANG v. SHUM KIT MAN ALAN
Court

Court of First Instance
Case number

HCA675/2013

Service at the Kingswood Address was valid as the defendant's last known address recorded publicly and the defendant failed to produce convincing evidence that he did not receive the writ; accordingly the default judgment was regular. Nevertheless, because there are live, credible factual disputes about agency, the existence and terms of any loan and related matters such that the defendant has a real prospect of success, the court exercised its discretion to set aside the default judgment on terms: the default judgment is set aside and the garnishee order nisi discharged provided the defendan…
23 Nov 2005

BDO INTERNATIONAL v. PO SUN HOLDING GROUPS LTD

Citation

BDO INTERNATIONAL v. PO SUN HOLDING GROUPS LTD
Court

District Court
Case number

DCCJ16280/2000

On the balance of probabilities the court accepted the plaintiff's evidence that defendant's agent Mr Barry Leung instructed a hard close at 30 April 1999 for the draft report and declined a second field visit; those instructions did not vary the engagement letter and Mr Barry Leung lacked authority to vary the final cut-off date, but he had authority to agree a practical hard close for a draft; the draft delivered was the best possible given the timetable and thus entitled the plaintiff to the HK$150,000 fee payable on submission of the draft.
19 Oct 1979

AMOR LIVE HOLDINGS LTD AND ANOTHER v. TSE PAK KAN AND OTHERS

Citation

AMOR LIVE HOLDINGS LTD AND ANOTHER v. TSE PAK KAN AND OTHERS
Court

District Court
Case number

DCMP2/1979

The agreement D2, read with the parties' conduct (including hiring forms in the employer's name and account surrender provisions), established that the 1st and 2nd defendants were authorised to employ staff on behalf of the appellants and thus the successful claimants were employees of the appellants; the Labour Tribunal's decision was therefore affirmed.

Hong Kong Case Law

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

URBAN RENEWAL AUTHORITY v. AGRILA LTD AND ANOTHER

KWOK KWONG PANG v. SHUM KIT MAN ALAN

BDO INTERNATIONAL v. PO SUN HOLDING GROUPS LTD

AMOR LIVE HOLDINGS LTD AND ANOTHER v. TSE PAK KAN AND OTHERS