Hong Kong Case Law: Decisions & Judgments

Topic

Deed of undertaking

Legal area

Court

1 Dec 2011

AMCOR PACKAGING (ASIA) PTY LTD v. LI WEI BO

Citation

AMCOR PACKAGING (ASIA) PTY LTD v. LI WEI BO
Court

Court of First Instance
Case number

HCA1351/2009

The application for summary judgment was dismissed because the defendant discharged the burden of showing arguable defences and genuine triable issues—notably that the required consolidated audited accounts may not have been duly delivered and that implied terms may exist—such that the matters (including whether the formula is a penalty or the contract gaming) require full trial determination.
15 Jan 2009

BRUCE HUTCHISON v. HO PUI TSUN PETER

Citation

BRUCE HUTCHISON v. HO PUI TSUN PETER
Court

Court of First Instance
Case number

HCA749/2002

The defendant failed to prove on the balance of probabilities that a joint venture existed or that the alleged cash payments funded such a venture; oral evidence was unreliable and the photocopied invoices were insufficiently probative. Accordingly the counterclaim must be dismissed and costs awarded to the plaintiff.
14 Feb 2008

NEXT CHAMPION LTD v. NGAN IN LENG AND OTHERS

Citation

NEXT CHAMPION LTD v. NGAN IN LENG AND OTHERS
Court

Court of First Instance
Case number

HCA2194/2005

Defendants voluntarily contractually undertook to procure lawful early termination of the sauna lease by a fixed date; they admitted no attempt was made; lawful termination required tenant's consent but procurement remained their contractual responsibility; plaintiff has pleaded recoverable loss (including diminution in value) and proof of loss is for assessment; no triable issues raised that would defeat summary judgment; Masters judgment was correct and is upheld; damages to be assessed.

Hong Kong Case Law

AMCOR PACKAGING (ASIA) PTY LTD v. LI WEI BO

BRUCE HUTCHISON v. HO PUI TSUN PETER

NEXT CHAMPION LTD v. NGAN IN LENG AND OTHERS