Hong Kong Case Law: Decisions & Judgments

Topic

Construction of settlement agreement

Legal area

Court

3 Oct 2023

UPPLAN COMPANY LTD v. LI HO MING AND ANOTHER

Citation

[2023] HKCFI 2370
Court

Court of First Instance
Case number

HCA1915/2009

The Schedule is to be given its natural meaning: clauses 6(b) and 6(c) exclude property/profit tax from deductible expenses and clause 14 is a warranty by Virginia that she paid the estimated tax on behalf of KWP up to 31 March 2019 and will not claim contribution from Anita; accordingly Anita and Mother are entitled to recover half the tax shortfall (HK$297,930.50) from Virginia, with interest and costs.
27 May 2011

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

Citation

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER
Court

Court of Final Appeal
Case number

FACV16/2010

The application was dismissed because the proposed rectification claim would raise new and disputed facts inappropriate for determination by the Court of Final Appeal, the relevant evidence was available at first instance and deliberately not adduced, and the Flywin principle bars raising the omitted point on appeal absent exceptional circumstances; no such circumstances were shown.
21 Dec 2010

YEN WING CHOI AND OTHERS v. MATCH POWER INVESTMENT LTD

Citation

YEN WING CHOI AND OTHERS v. MATCH POWER INVESTMENT LTD
Court

Court of Appeal
Case number

CACV5/2010

Leave to appeal was refused because the disputed points were peripheral to the simple construction of the settlement agreement and did not raise matters of great general or public importance, and there was no basis to grant leave under the 'or otherwise' ground in relation to the court's adverse observation about the defendant's conduct.
3 Dec 2010

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

Citation

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER
Court

Court of Appeal
Case number

CACV232/2010

Because the parties brought opposing Order 86 applications with no prospect of further trial or steps, the Court of Appeal concluded the decision was final in effect and therefore fell within Order 22(1)(a) Cap.484; accordingly leave to appeal to the Court of Final Appeal was granted and a stay ordered.
16 Nov 2010

LAU KOON FOO v. CHAMPION CONCORD LTD AND ANOTHER

Citation

LAU KOON FOO v. CHAMPION CONCORD LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV233/2010

Clauses 13 to 15 of the settlement agreement unambiguously make the Long Stop Date (10 months from the settlement date) the deadline for obtaining DLO consent and trigger automatic cancellation if consent is not obtained by that date; clause 16 only permits a 12‑month extension where the DLO has decided not to give consent and the vendor elects to contest that decision, so contra proferentem does not apply and the appeal must be dismissed.
5 Jul 2002

TEXON MEDIA LTD. v. TYPHOON 8 RESEARCH LTD.

Citation

TEXON MEDIA LTD. v. TYPHOON 8 RESEARCH LTD.
Court

Court of First Instance
Case number

HCSA15/2002

Refusal of leave was compelled because there was no arguable ground: the Tribunal's uncontested factual finding that Company One Limited's payment matched the invoice for its own order, combined with the proper construction of the settlement agreement which did not require Company One to pay the Defendant's debt first, meant any appeal would fail.

Hong Kong Case Law

UPPLAN COMPANY LTD v. LI HO MING AND ANOTHER

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

YEN WING CHOI AND OTHERS v. MATCH POWER INVESTMENT LTD

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

LAU KOON FOO v. CHAMPION CONCORD LTD AND ANOTHER

TEXON MEDIA LTD. v. TYPHOON 8 RESEARCH LTD.