Hong Kong Case Law: Decisions & Judgments

Topic

Authority of agent/ostensible authority

Legal area

Court

16 Apr 2020

CHEN NINGNING v. KING & WOOD (a firm)

Citation

[2020] HKCFI 602
Court

Court of First Instance
Case number

HCMP163/2012

The Master did not err in law or act unreasonably: the Trial of the Preliminary Issues was within the taxing master's powers under Order 62, the plaintiff had changed stance and unsuccessfully sought to reopen earlier bills, and on an issue-by-issue assessment the Master was entitled to find the defendant overall more successful on the Preliminary Issues and no overall successful party in the main taxation proceedings; accordingly the Master's three costs orders (50% for Preliminary Issues, no order for main proceedings, and 30% for Concluding Summons) were upheld and the appeal dismissed.
21 Mar 2016

CHEN NINGNING v. KING & WOOD (a firm)

Citation

CHEN NINGNING v. KING & WOOD (a firm)
Court

Court of First Instance
Case number

HCMP163/2012

On the balance of probabilities the alleged Pre-retainer Agreement and the 2nd set of oral representations did not exist; the contractual retainer was wholly contained in the written Retainer Letter so extrinsic conflicting terms were inadmissible; the 3rd Bill was a final agreed bill for the period and the defendant was estopped from issuing the 4th Bill which covered the same period so the 4th Bill is not entitled and is struck out; because the 1st–3rd Bills had been paid and the plaintiff failed to establish the requisite special circumstances under s67(2) to reopen taxation, the plaintiff…
15 Mar 2004

K & E REAL ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD

Citation

K & E REAL ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD
Court

District Court
Case number

DCCJ10729/2001

The court found as a fact that both the Shanghai and Beijing properties remained at the defendants' disposal and were used such that K & E incurred liability for use and occupation; Mr Shelley To had authority to bind K & E to the tenancy agreements; the board was aware of and/or there was substantial compliance with disclosure of Mr Chuang's interest; no estoppel operated to bar the rent claims; accordingly the written tenancies were valid and binding and judgment for unpaid rent was entered for the plaintiffs (save the discrete February 2001 Beijing claim which was dismissed); Third Party c…

Hong Kong Case Law

CHEN NINGNING v. KING & WOOD (a firm)

CHEN NINGNING v. KING & WOOD (a firm)

K & E REAL ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD