Hong Kong Case Law: Decisions & Judgments

Topic

Consideration (forbearance)

Legal area

Court

19 Aug 2024

LEI SHING HONG TRADING LTD v. WONG KWING KEUNG

Citation

[2024] HKCFI 2130
Court

Court of First Instance
Case number

HCA1901/2019

The 16 April 2019 letter, read in context and against the factual matrix, was an explanatory proposal and not an immediate offer to assume guarantor liability; both sides knew the defendant required Bank Group consent which was not obtained; there was no objective intention to create legal relations and no common assumption for estoppel by convention, so no binding guarantee arose and the plaintiff's claim fails.
4 Apr 2022

SHUN SHING CONTRACTORS LTD 對 SAM TAT ENGINEERING (DEVELOPMENT) LTD

Citation

[2022] HKDC 257
Court

District Court
Case number

DCCJ2835/2019

The court found the defendant failed to prove duress; contemporaneous documents and conduct belied the duress allegation; the agreement contained valid consideration (including plaintiff's forbearance to pursue claims against parties); Part 2 works were completed as evidenced by the completion record and oral notification and defendant waived insistence on a written completion certificate; accordingly defendant is liable to pay the outstanding HKD 435,000 plus interest and costs.
29 Oct 2013

CHEN ZHIXUAN v. FUNG MAN KWONG

Citation

CHEN ZHIXUAN v. FUNG MAN KWONG
Court

Court of First Instance
Case number

HCA172/2013

Given the undisputed evidence the defendant by his conduct and long delay (including making substantial payments and failing to complain) affirmed the Chinese Agreement and there was consideration (forbearance), so no triable issue on the affidavit material existed and summary judgment should stand; the pleading provided sufficient particulars to inform and allow preparation of a defence.
11 Jan 2002

AGFA HONG KONG LTD. v. KING DRAGON INDUSTRIAL LTD. & OTHERS

Citation

AGFA HONG KONG LTD. v. KING DRAGON INDUSTRIAL LTD. & OTHERS
Court

Court of First Instance
Case number

HCA13016/1999

The court found on the balance of probabilities that the transactions were sales to the 1st Defendant (buyer-seller), that the defendants executed and delivered the $60 million guarantees before the relevant audit/visits, that forbearance by the Plaintiff provided adequate consideration if needed, and accordingly the 2nd and 4th Defendants are liable under the $60 million guarantees; judgment entered for the Plaintiff for $60,000,000 plus interest.

Hong Kong Case Law

LEI SHING HONG TRADING LTD v. WONG KWING KEUNG

SHUN SHING CONTRACTORS LTD 對 SAM TAT ENGINEERING (DEVELOPMENT) LTD

CHEN ZHIXUAN v. FUNG MAN KWONG

AGFA HONG KONG LTD. v. KING DRAGON INDUSTRIAL LTD. & OTHERS