Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Apparent authority/holding out

Legal area

Court

17 Nov 2010

FORTUNE ASSET DEVELOPMENT LTD v. FORTUNE ASSET DEVELOPMENT LTD AND ANOTHER

Citation

FORTUNE ASSET DEVELOPMENT LTD v. FORTUNE ASSET DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA167/2009

Court found on balance of probabilities that Lauw Senior was not suffering from dementia during the material contracting period and preferred Prof. Mak's evidence; even if incapacity had arisen temporarily his directorships were not vacated for permanent unsoundness and, in any event, the companies by conduct and through acquiescence held him out as having authority so he had actual and apparent authority; therefore contracts were valid and damages were awarded to vendors as calculated; indemnity claims were stayed sine die; Midland's counterclaim for agreed damages succeeded.
16 Nov 1999

KEEP POINT DEVELOPMENT LTD. v. MAK CHI YIN STEVE AND ANOTHER

Citation

KEEP POINT DEVELOPMENT LTD. v. MAK CHI YIN STEVE AND ANOTHER
Court

Court of First Instance
Case number

HCA4738/1999

The Court held that Cheng Kwok Fai lacked authority to execute the agreements and Messrs. Ho & Chan were not appointed solicitors for those transactions; accordingly the 14 agreements are null and void as against the Plaintiff, the Defendants are not entitled to register them, the Court granted declaratory and injunctive relief and ordered vacatur of specified registrations.