Hong Kong Case Law: Decisions & Judgments

Topic

Breach of condition

Legal area

Court

16 Apr 2025

DIALECTIC PR LLC v. THINKING GROUP LTD

Citation

[2025] HKCFI 1555
Court

Court of First Instance
Case number

HCCL8/2020

On the balance of probabilities the court found (1) the Jintailang masks (Shipment 3) failed to meet the Chinese standard/US Modified NIOSH Test as shown by the NIOSH Report and expert analysis; (2) the Xianda masks sent to Germany (Shipment 5) failed the EU FFP2 paraffin oil penetration test as shown by DEKRA and thus did not meet the contractual standard; (3) the Xianda masks sent to the USA (Shipment 4) were mislabelled as compliant with the EU standard; the Plaintiff validly rejected Shipments 3,4 and 5 and is entitled to damages under s.53(2) SOGO for lost profits (net of costs) and reco…
2 Feb 2007

MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD

Citation

MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCA1127/2004

Clause 17 was a clear and binding express condition; the defendant failed to satisfy it by not delivering premises with the new tenancy in place; there was no binding oral waiver as the evidence did not meet the heavy burden required; therefore the defendant wrongfully retained the deposit and must return it with interest; the claim for an account of profits was rejected as an exceptional remedy not warranted on the facts and would produce a windfall to the plaintiff.
14 Apr 1999

Chin Chiu Cheng v. Kan Fat Cotton Co. Ltd.

Citation

Chin Chiu Cheng v. Kan Fat Cotton Co. Ltd.
Court

Court of Appeal
Case number

CACV62/1999

Clause 39 required the purchaser's solicitors to form an opinion that was reasonably held; here no reasonable solicitor could have concluded there was any real risk of enforcement because the Deed of Mutual Covenant regularised the position, so the solicitors' opinion that the title was not in order was unreasonable and did not entitle rescission.
23 Nov 1990

GITTING ENGINEERING LTD. v. WALY DECORATIVE PRODUCTS LTD.

Citation

GITTING ENGINEERING LTD. v. WALY DECORATIVE PRODUCTS LTD.
Court

Court of First Instance
Case number

HCA7887/1988

The court found express and/or implied contractual conditions (s.15, s.16, s.17 Cap.26) breached because the veneers did not correspond with the description or samples and were not merchantable/fit for purpose; the printed terms and exemption clauses on the reverse were not incorporated as they were not brought to the plaintiffs' attention when the contracts were formed; accordingly judgment for the plaintiff for assessed damages and declarations for potential third‑party liabilities was entered, with interest and costs.
15 Feb 1988

MO MUN TAI INC. v. JUNEJOIN LIMITED

Citation

MO MUN TAI INC. v. JUNEJOIN LIMITED
Court

Court of First Instance
Case number

HCA5470/1987

Defendant breached a vital contractual term by supplying a forged export quota licence, thereby frustrating the export and sale; plaintiff entitled to damages for direct losses proven and allowable (part payment, customs penalty, freight, storage, cost of fabrics) but loss claimed for Merry Mary's resale was disallowed for inadequate evidence; judgment entered for plaintiff for the sum assessed with interest and costs.
14 Jun 1984

GEEKAY EXPORT & IMPORT CO LTD v. GRANETS ELECTRONICS LTD

Citation

GEEKAY EXPORT & IMPORT CO LTD v. GRANETS ELECTRONICS LTD
Court

Court of First Instance
Case number

HCA8997/1982

Court found the contracts were sales by sample and description, a substantial number of watches were defective due to design causing excessive battery drain rendering them unmerchantable, the plaintiff accepted the goods by selling them on and thereby lost the right to reject, and damages were assessed under sections 55(2) and 55(3) of the Sale of Goods Ordinance as the loss of profit measured from the earliest date the plaintiff could reasonably recover possession (13 February 1982) with deduction for value of non‑defective watches and allowance for mitigation.
14 Feb 1984

ANGLO STARLITE INSURANCE CO LTD v. WONG PING FAI

Citation

ANGLO STARLITE INSURANCE CO LTD v. WONG PING FAI
Court

Court of Appeal
Case number

CACV162/1983

The court construed the policy wording as not clearly and unambiguously requiring the insured personally to forward every claim document; actual receipt by the insurer of a copy forwarded by a third party satisfied the condition, and therefore the insurer remained liable. The appeal was dismissed on that basis.
17 Oct 1983

MAY WAH GARMENT MANUFACTURING CO v. MELCHERS (HK) LTD

Citation

MAY WAH GARMENT MANUFACTURING CO v. MELCHERS (HK) LTD
Court

Court of First Instance
Case number

HCA9288/1982

On the balance of probabilities the Labtest inspection was the more reliable assessment of quality and, applying the statutory test of merchantability and allowance for a reasonable margin of defects, the plaintiffs proved the goods were of merchantable quality; therefore plaintiffs succeed in their claim for the contract price and the defendants' counterclaim for lost profit fails.
21 May 1980

CHEUK MA YEE v. THE ORIENTAL FIRE AND GENEAL INSURANCE CO LTD

Citation

CHEUK MA YEE v. THE ORIENTAL FIRE AND GENEAL INSURANCE CO LTD
Court

Court of First Instance
Case number

HCA3375/1979

The insurer, by instructing solicitors who entered an appearance and conducted the insured's defence, waived any right to rely on breaches of the policy and is estopped from denying the policy's validity to the plaintiff; therefore the plaintiff can enforce the insurer's liability under s.2 and recover the judgment debt and costs (with interest).
28 Mar 1980

KAISER GARMENTS LTD v. LAI SHUM CO

Citation

KAISER GARMENTS LTD v. LAI SHUM CO
Court

Court of Appeal
Case number

CACV60/1979

The Court held that the pleaded facts disclosed both the breach of condition and the factual basis for a claim in damages for breach of warranty; failure to label the cause of action as a warranty was not fatal and leave to amend would be permissible, so the appellant was entitled to judgment for agreed damages.