Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Authority to bind principal

Legal area

Court

10 Jul 2020

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

Citation

[2020] HKCA 546
Court

Court of Appeal
Case number

CACV6/2019

Leave to appeal to the Court of Final Appeal was refused because the questions raised do not involve novel legal principles of great general or public importance but involve application of established principles to fact‑sensitive contract construction and specific pleading issues; the Court of Appeal had correctly applied the test for total failure of consideration and determined that the RMB20m loan was incidental and not the bargained benefit under the JV Agreement.
30 Dec 2009

DOLPHIN ADVERTISING LTD v. TRONKEN ENTERPRISES LTD

Citation

DOLPHIN ADVERTISING LTD v. TRONKEN ENTERPRISES LTD
Court

Court of First Instance
Case number

HCA2409/2006

Application dismissed at the first stage: section 52A does not extend to ordinary negligence or mere incompetence in conduct of litigation; wasted costs are limited to conduct amounting to improper, unreasonable acts or misconduct beyond ordinary errors of judgment, and continuing a hopeless case without evidence of ulterior motive or assisting an abuse of process does not justify a wasted costs order; therefore no wasted costs order should be made on the material before the court.