Hong Kong Case Law: Decisions & Judgments

Topic

Control of exemption clauses (ceco)

Legal area

Court

20 Oct 2017

SHINE GRACE INVESTMENT LTD v. CITIBANK, N.A. AND ANOTHER

Citation

SHINE GRACE INVESTMENT LTD v. CITIBANK, N.A. AND ANOTHER
Court

Court of First Instance
Case number

HCCL28/2008

The application to amend was dismissed because the proposed amendments were made at an unreasonably late stage shortly before a fixed trial date, would open extensive new factual and expert inquiries and thereby cause serious prejudice to the defendants and likely derail the trial, no exceptional circumstances justified the lateness and the mitigation amendment was futile and would similarly require further evidence; allowing them would offend the underlying objectives of RHC O1A.
21 Aug 2017

ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD

Citation

ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD
Court

Court of Appeal
Case number

CACV236/2016

The appeal was dismissed because, on the alternative basis accepted by the trial judge that a contractual relationship existed, the plaintiff failed to prove on the balance of probabilities that it performed the work and incurred the claimed material costs; the contemporaneous documents and witness evidence were unreliable and the judge's adverse credibility findings justified dismissal of the entire claim.
20 Jul 2017

CHANG PUI YIN AND OTHERS v. BANK OF SINGAPORE LTD

Citation

CHANG PUI YIN AND OTHERS v. BANK OF SINGAPORE LTD
Court

Court of Appeal
Case number

CACV194/2016

The Court held that although the Service Agreement and Risk Disclosure clauses on their face applied to non‑discretionary accounts, on the facts and in light of the relationship, marketing representations and conduct of the relationship manager the Bank had assumed responsibility for recommendations; moreover reliance on the wide disclaimer clauses to avoid liability in those circumstances was unconscionable under Cap.458 and, in substance, those clauses excluded or restricted duties and failed the CECO reasonableness test. Therefore the Bank could not rely on the disclaimers and the judge's…

Hong Kong Case Law

SHINE GRACE INVESTMENT LTD v. CITIBANK, N.A. AND ANOTHER

ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD

CHANG PUI YIN AND OTHERS v. BANK OF SINGAPORE LTD