Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contract performance

  • 27 Sept 2019

    梁健 對 CHOW WAI KWAN

    Citation
    [2019] HKDC 1277
    Court
    District Court
    Case number
    DCCJ3544/2017

    Plaintiff failed to prove on the balance of probabilities that the HKD300,000 constituted a loan; documentary evidence and defendant's bank transfers showing RMB166,000 and RMB84,000 to the plaintiff supported the defendant's account of currency exchange and repayment; plaintiff's evidence that he had completed half the renovation was unsupported, inconsistent and implausible; defendant was entitled to repayment of the HKD100,000 deposit; the Labour Tribunal costs order was payable to the company and not recoverable by the defendant in this action.

  • 30 Jan 2008

    LIN ZHEN v. WANG KEE CONSTRUCTION CO LTD AND ANOTHER

    Citation
    LIN ZHEN v. WANG KEE CONSTRUCTION CO LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2269/2007

    The court refused to appoint a receiver and made no order on the plaintiff's summons because the contract works were proceeding without disruption, plaintiff's evidence of irregularity was minimal relative to a $28 million contract, appointment of a receiver or injunction would likely disrupt completion and impose risk and cost (and plaintiff gave no cross-undertaking as to damages), and the defendants' undertaking to use the account solely for necessary contract expenses together with monthly financial statements sufficiently protected the plaintiff's interests.

  • 13 Aug 2004

    RE TAI KAM CONSTRUCTION ENGINEERING CO LTD

    Citation
    RE TAI KAM CONSTRUCTION ENGINEERING CO LTD
    Court
    Court of First Instance
    Case number
    HCCW845/2004

    Because there was certainty that a winding-up order would follow if nothing was done, and because appointment of provisional liquidators would preserve contracts and generate materially greater returns to creditors even after capped advisory fees, the balance of convenience favoured appointing provisional liquidators to explore a scheme of arrangement and protect creditor interests.