Hong Kong Case Law: Decisions & Judgments

Topic

Consideration (past consideration)

Legal area

Court

27 Nov 2020

HANTEC SECURITIES CO LTD v. TAM SIU KI AND ANOTHER

Citation

[2020] HKCFI 2960
Court

Court of First Instance
Case number

HCA1179/2017

The court found on the balance of probabilities that the creditor's requirement for a guarantor had been satisfied by the first guarantor (D2) before the 3rd defendant's guarantee was procured; the 3rd defendant's guarantee was therefore given after the account was opened and the loan advanced and was past consideration, rendering the guarantee unenforceable.
18 Jul 2005

TING YUK HING v. XIAO ZHISEN

Citation

TING YUK HING v. XIAO ZHISEN
Court

Court of Appeal
Case number

CACV399/2004

The Court of Appeal held the Defendant had raised arguable triable issues supporting a defence of gift — based on relationship (possible presumption of advancement), prior wills, the Chinese document suggesting the price was not receivable, the Assignment's receipt acknowledgment juxtaposed with absence of payment, and the Plaintiff's delay in seeking payment — and therefore summary judgment was set aside and unconditional leave to defend granted.
5 Dec 2003

廣東匯立投資有限公司 v. WONG MAN PAN

Citation

廣東匯立投資有限公司 v. WONG MAN PAN
Court

Court of First Instance
Case number

HCA10027/2000

The document is a contract of indemnity governed by Hong Kong law and is enforceable in Hong Kong regardless of the alleged illegality of the underlying Mainland loan; the indemnity was given as part of the same transaction (valid consideration) and there was no proven duress or misrepresentation, therefore the Plaintiff is entitled to judgment for the specified outstanding sum with contractual interest and costs on an indemnity basis.

Hong Kong Case Law

HANTEC SECURITIES CO LTD v. TAM SIU KI AND ANOTHER

TING YUK HING v. XIAO ZHISEN

廣東匯立投資有限公司 v. WONG MAN PAN