Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Certainty

Legal area

Court

4 Mar 2020

HAY DESIGN LTD v. HENG TAI CONTRACTING (INT’L) CO LTD

Citation

[2020] HKCFI 358
Court

Court of First Instance
Case number

HCCT58/2016

The Plaintiff failed to prove a concluded, enforceable oral Agreement in the terms alleged because essential terms (duration, capital contribution, allocation of management costs) were not agreed and contemporaneous documents (invoices, profit summaries) contradicted the Plaintiff's case; accordingly there was no Agreement and OC and LC did not fall within any such Agreement.
25 Feb 2005

HYUNDAI ENGINEERING AND CONSTRUCTION CO LTD v. VIGOUR LTD

Citation

HYUNDAI ENGINEERING AND CONSTRUCTION CO LTD v. VIGOUR LTD
Court

Court of Appeal
Case number

CACV128/2004

The March 28 2003 agreement was in important respects uncertain and unenforceable because it amounted to an agreement to negotiate/agree and to mediate without sufficiently precise, objective procedures or identified decision-makers; accordingly it could not validly bar recourse to courts or arbitration, and declarations that the defendant repudiated the agreement and that the plaintiff was thereby entitled to pursue arbitration could not stand.