Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Early redemption

  • 1 Mar 2023

    HUANG QINGZHAN v. CHINA DING YI FENG HOLDINGS LTD

    Citation
    [2023] HKCA 237
    Court
    Court of Appeal
    Case number
    CACV103/2020

    The Court allowed the appeal: the account details in Schedule 5 were the Noteholder's registered account; the Company's delivery of the cheque to the bank constituted a payment instruction and an attempt to transfer to that registered account; the Noteholder had breached the implied obligation to provide accurate and adequate account details and thus, applying the prevention principle, could not rely on the alleged payment default to claim early redemption; accordingly no payment default that entitled early redemption was established and the judgment below was set aside.

  • 11 Oct 2021

    HUANG QINGZHAN v. CHINA DING YI FENG HOLDINGS LTD

    Citation
    [2021] HKCA 1492
    Court
    Court of Appeal
    Case number
    CACV103/2020

    The Court agreed with the trial judge that the defendant's failure to make the first interest payment as prescribed constituted a payment default under Condition 8(i) entitling the plaintiff to early redemption, and the defendant failed to show any sufficient basis for a stay of execution pending appeal; accordingly the renewed application for a stay was dismissed and the judge's reasoning was adopted.

  • 13 Nov 2009

    TALLMANY ENTERPRISES LTD v. PROSTEN TECHNOLOGY HOLDINGS LTD AND ANOTHER

    Citation
    TALLMANY ENTERPRISES LTD v. PROSTEN TECHNOLOGY HOLDINGS LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA669/2009

    The court found the defendants had an arguable appeal on the interpretation point and granted a conditional stay of execution: the 1st defendant must pay into court HK$36,000,000 with interest by the specified deadline (initially 27 November 2009, extended to 4 December 2009) to maintain the stay until the appeal is concluded or further order; failure to pay allows the plaintiff to execute the judgment from the stated dates. The court rejected defendants' estoppel and delay defences and upheld the plaintiff's entitlement to early redemption on the interpretation issue as decided in the summar…