Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consideration (forbearance to sue)

  • 5 Dec 2025

    KEEN LLOYD HOLDINGS LTD v. CHAN KA MAN

    Citation
    [2025] HKCFI 5929
    Court
    Court of First Instance
    Case number
    HCA2067/2020

    Court found on the balance of probabilities that an oral settlement was reached at the September 2019 meeting: defendant agreed to sell the property and pay her share of the proceeds to plaintiff in full and final settlement of plaintiff’s claims against defendant and her daughter; plaintiff’s forbearance to sue was good consideration because plaintiff bona fide believed it had a reasonable claim with a fair chance of success and a new claim would not inevitably be struck out as an abuse; defendant’s contrary version was rejected and adverse inferences were drawn for failure to call material…

  • 23 Apr 1970

    RE THE GRAND HOTEL LTD

    Citation
    RE THE GRAND HOTEL LTD
    Court
    Court of First Instance
    Case number
    HCCW3/1966

    The presumption under section 30 of the Bills of Exchange Ordinance that the company was party to the cheques and that the payee gave consideration applied in the winding-up; the Official Receiver produced no evidence to rebut that presumption, and forbearance to sue constituted valid consideration, therefore the claimant's proof of debt must be accepted and the liquidator's rejection of the claim was reversed while his limited allowance was upheld where applicable.