Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Authority and power of attorney

  • 13 Oct 2017

    KP FINANCIAL SERVICES LTD v. BOK FAT YUEN SPENDER AND OTHERS

    Citation
    KP FINANCIAL SERVICES LTD v. BOK FAT YUEN SPENDER AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA429/2016

    Where a third party notice is issued under Order 16(1)(c) there is generally no necessity to order exchange of formal pleadings between the defendant and the third party if the issues to be determined are stated with sufficient precision; the court declined to order exchange of pleadings between KPFS and AH&Co because the issues in the third party notices were by and large sufficiently defined and the purposes of third party procedure (avoiding multiplicity and binding findings) would be frustrated by requiring pleadings; instead the court permitted exchange of succinct statements or an agree…

  • 11 Jan 2013

    劉曉東 AND ANOTHER v. CHASE EAGLE DEVELOPMENT LTD AND OTHERS

    Citation
    劉曉東 AND ANOTHER v. CHASE EAGLE DEVELOPMENT LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1709/2009

    Court held that although the Huarong Assignment did not divest the plaintiffs' claim, the 1st and 2nd Transfers were defective because Cinda SZ's execution by Wang exceeded the authority granted by the Power of Attorney and the contemporaneous documents did not evidence valid written authorisation; the Cinda Deed could not cure defects pre‑existing at issue date of proceedings and ostensible authority or post‑OS ratification did not validate the transfers. Consequently there was no valid assignment of the Legal Charge to the plaintiffs and the application was dismissed.