Hong Kong Case Law: Decisions & Judgments

Topic

Course of dealings

Legal area

Court

31 Dec 2010

WORLDTRANS AIR SEA SERVICE LTD v. NNR GLOBAL LOGISTICS (HK) LTD

Citation

WORLDTRANS AIR SEA SERVICE LTD v. NNR GLOBAL LOGISTICS (HK) LTD
Court

District Court
Case number

DCCJ4122/2008

The court found on the balance of probabilities that an oral agreement existed with terms allocating daily minimum capacity on SQ857 (pivot weights: pallet 1,600kg, container 600kg) at agreed per‑kg rates and that the parties treated dead freight as a predetermined sum; those dead freight charges were liquidated damages enforceable as agreed, the 30 May 2007 correspondence did not terminate the agreement, and judgment was entered for the Plaintiff for HK$745,119.20 plus interest and costs.
16 Nov 2006

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD

Citation

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD
Court

District Court
Case number

DCCJ6778/2002

Appeal dismissed because defendant failed to demonstrate that the requested documents were relevant to the matters in issue between defendant and 2nd plaintiff; documents between 1st and 2nd plaintiffs cannot establish contractual terms or practices incorporated into the contract between defendant and 2nd plaintiff, and there was no evidence that explanatory documents in category (ii) ever existed, so the prerequisites for specific discovery were not satisfied.
19 Apr 2006

UNITED NON-FERROUS TRADING LTD v. NEO CHINA LTD

Citation

UNITED NON-FERROUS TRADING LTD v. NEO CHINA LTD
Court

District Court
Case number

DCCJ3322/2003

On the balance of probabilities the Court found that Neo Qingyuan (WF/NQ) was the true contracting buyer, that the Defendant acted as intermediary/collecting agent and not as principal buyer, that the Scrap was delivered to NQ, and that the Plaintiff failed to prove Defendant liable for the claimed Balance Price; the Plaintiff's claim was dismissed and costs awarded to the Defendant.
30 Jun 2000

J.H. TRACHSLER (HK) LTD. v. LIU YAN ROCKY AND ANOTHER

Citation

J.H. TRACHSLER (HK) LTD. v. LIU YAN ROCKY AND ANOTHER
Court

Court of First Instance
Case number

HCA4998/1997

On the evidence and credibility findings the 2nd Defendant had, by agreement and conduct, assumed the legal liability of the buyer for the invoiced transactions; the 1st Defendant did not assume personal liability; the Plaintiff failed to establish that the 2.5% monthly interest term was unequivocally insisted and incorporated, therefore contractual interest at that rate was not allowed and interest was awarded at 11% from date of writ until judgment and thereafter at judgment rate.
3 Sept 1997

OHASHI CHEMICAL INDUSTRIES (HK) LTD. v. TO LAI SZE, LOUISE t/a SHUN CHEONG COMMERCE & CO.

Citation

OHASHI CHEMICAL INDUSTRIES (HK) LTD. v. TO LAI SZE, LOUISE t/a SHUN CHEONG COMMERCE & CO.
Court

Court of First Instance
Case number

HCA2226/1995

Defendant was bound to pay because a consistent course of dealings and her conduct amounted to ratification and representation that she accepted liability; there was no direct evidence of defective goods or of complaints to plaintiff and goods were not returned; the interest term printed on invoices was incorporated by notice and course of dealing.
22 Jun 1990

TRANS-MEDICA PHARMA-HANDELSGESLLSCHAFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD

Citation

TRANS-MEDICA PHARMA-HANDELSGESLLSCHAFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD
Court

Court of Appeal
Case number

CACV30/1990

The evidence before the judge was insufficient to show incorporation of the defendants' standard terms (and thus no arbitration agreement existed); therefore there was no basis for a stay under sections 2, 6 or 6A of the Arbitration Ordinance and the stay order was set aside.
10 Jul 1984

SUSAN CHAN SAK BUN v. EOGHAN MURRAY MCMILLAN AND ANOTHER

Citation

SUSAN CHAN SAK BUN v. EOGHAN MURRAY MCMILLAN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1376/1984

The documentary and objective evidence established that the deposits were transferred to and held by Vila and that Axona dealt as an agent without incurring personal liability; there was no evidence of an internal arrangement making Axona the principal, so the liquidators correctly rejected the proof of debt against Axona and Vila is the sole debtor.

Hong Kong Case Law

WORLDTRANS AIR SEA SERVICE LTD v. NNR GLOBAL LOGISTICS (HK) LTD

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD

UNITED NON-FERROUS TRADING LTD v. NEO CHINA LTD

J.H. TRACHSLER (HK) LTD. v. LIU YAN ROCKY AND ANOTHER

OHASHI CHEMICAL INDUSTRIES (HK) LTD. v. TO LAI SZE, LOUISE t/a SHUN CHEONG COMMERCE & CO.

TRANS-MEDICA PHARMA-HANDELSGESLLSCHAFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD

SUSAN CHAN SAK BUN v. EOGHAN MURRAY MCMILLAN AND ANOTHER