Hong Kong Case Law: Decisions & Judgments

Topic

Delivery of goods

Legal area

Court

1 Apr 2022

RE HONGKONG BAI YUAN INTERNATIONAL BUSINESS CO., LTD

Citation

[2022] HKCFI 960
Court

Court of First Instance
Case number

HCCW219/2021

The court held there was no bona fide dispute on substantial grounds as to the EUR955,000 Debt: the payment condition was met on 15 January 2021, no contractual right to withhold payment was identified, the discoloration insurance settlement and alleged cross-claims did not establish a defence to the Debt, and therefore the statutory demand was valid; Company was ordered to pay within 14 days or petitioner may restore the petition leading to a usual winding order.
20 Dec 2021

T&T GLOBAL TRADING LTD v. BOE (HK) GROUP CO., LTD

Citation

[2021] HKCFI 3618
Court

Court of First Instance
Case number

HCA1355/2017

Court found that the requirement to top-up the US$10,000 deposit was dispensed with by subsequent mutual agreement and that the Confirmation Letter together with the Implementation Agreement and substantial part performance produced a workable and binding settlement agreement which extinguished the plaintiff's rights under the 2nd Proforma Invoice; accordingly plaintiff's claim was dismissed.
17 Aug 2020

RE EUREKA MANUFACTURING CO LTD

Citation

[2020] HKCFI 2032
Court

Court of First Instance
Case number

HCCW150/2019

Court found there was a bona fide dispute on substantial grounds as to whether the Company was a contracting party and as to part of the invoiced sum, but the post-dated cheque constituted an independent, liquidated obligation above the statutory minimum and the Company failed to adduce sufficient evidence that the cheque had been delivered conditionally or that there was total failure of consideration; accordingly the petition was allowed to the extent of the cheque amount but remedial relief was granted by giving the Company 21 days to pay that cheque amount before a winding up order is pro…
2 Oct 2018

MILLION (FAR EAST) LTD v. MANLEY BEST (INTERNATIONAL) FOOD LTD AND ANOTHER

Citation

[2018] HKCFI 2193
Court

Court of First Instance
Case number

HCA2429/2017

Summary judgment was appropriate and is entered for the Plaintiff against the 1st Defendant on the breach of agreement/Price Claim because the Defendants' Non-delivery and Mistake defences are shadowy and lack particulars; the Repayment Agreement is binding on signature; however the 2nd Defendant's repayment obligations under Clauses 2(b) and 2(c) are conditional on receipt of Share Sale Proceeds and because those proceeds were not received no summary judgment is entered against the 2nd Defendant on those clauses; issues as to whether delivery of title deeds constituted an equitable mortgage…
27 Apr 2018

LUAN GANG v. SIMPSON MARINE LTD

Citation

[2018] HKCA 228
Court

Court of Appeal
Case number

CACV142/2016

Clause 3, read in its bilingual wording and commercial context, referred to the arrival of the yacht in Hong Kong (sea carriage) by 12 July 2010, not delivery to the purchaser; post‑arrival commissioning was required to put the yacht into a deliverable state and the commissioning completed within a reasonable time (18 August 2010), so there was no breach and the appeal was dismissed.
20 Apr 2017

JUMBO SMART LTD v. LI YIM TSO t/a FAITHFUL TRADING CENTER

Citation

JUMBO SMART LTD v. LI YIM TSO t/a FAITHFUL TRADING CENTER
Court

District Court
Case number

DCCJ3636/2014

The court found triable issues as to what constituted a reasonable time for delivery and whether plaintiff had lawfully terminated given no dates were fixed and no notice making time of the essence was given; therefore the case was not suitable for summary determination and the defendant was granted unconditional leave to defend.
6 Apr 2016

GEM EXPORTS LTD v. WIN SUN JEWELLERY CO LTD

Citation

GEM EXPORTS LTD v. WIN SUN JEWELLERY CO LTD
Court

District Court
Case number

DCCJ90/2012

The court found the plaintiff's evidence not credible, accepted the defendant's account and held the defendant proved total failure of consideration on the balance of probabilities; accordingly the plaintiff's claim was dismissed.
7 Dec 2015

NOVEL COLLECTION LTD v. CLASSIC DIAMOND LTD AND ANOTHER

Citation

NOVEL COLLECTION LTD v. CLASSIC DIAMOND LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2439/2014

Because the 2nd defendant admitted possession of the specific jewellery and failed to comply with contractual obligations and prior court orders, the court was entitled to enter final judgment ordering delivery within seven days or, failing delivery, an assessment of value and payment, together with costs.
4 Nov 2014

BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER

Citation

BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1889/2012

Where a defendant raises counterclaims that are connected to the plaintiff's claim but appear doubtful on the material, the court should permit the defendant to defend subject to conditions that protect the plaintiff's entitlement (here payment into court); contractual payment obligations arose on the parties' invoicing practice rather than physical delivery for the categories in question; delivery-up of disputed goods should be ordered where plaintiff's entitlement is established and defendant offers no lawful lien, with costs to be borne by plaintiff.
4 Nov 2014

BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER

Citation

BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1332/2013

The court concluded that there was no credible defence to the invoiced debt amounts on the material before it but, because of the extent and character of CWL's counterclaims and disputes (particularly over storage and other profit claims), unconditional summary judgment was inappropriate; accordingly the court granted conditional leave to defend subject to payment into court (HK$800,000 in HCA 1889/2012 and HK$1,500,000 in HCA 1332/2013), ordered delivery up of the affected wines to BBRL at BBRL's cost, allowed certain further affidavits, reserved costs and required written submissions on cos…