Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Election/waiver

Legal area

Court

16 Dec 2022

MARK O’KANE v. TANG JEB MING

Citation

[2022] HKCFI 3767
Court

Court of First Instance
Case number

HCA1948/2016

The court held there was no repudiation by Tang for delay because plaintiffs had by words and conduct elected to affirm and continue their contracts despite delay; however Tang repudiated the contracts by arranging an outright sale of the lots to Wong in May 2016 (no credible evidence of a nominee/conditional arrangement), thereby demonstrating an intention not to perform. Damages were awarded to each plaintiff (market value at contractual completion less unpaid balance) with interest; costs ordered against Tang with disallowance of trial‑bundle preparation costs.
28 Jan 2022

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Citation

[2022] HKCFI 308
Court

Court of First Instance
Case number

HCA624/2019

The Agreement, read objectively as a whole in its commercial context, manifested Party A as comprising both D1 (the company) and D2 (the chairman/shareholder); the defendants failed to raise any triable issue or arguable defence on the pleaded and de bene esse materials (election/waiver, change of position, performance, rectification, identity) and the master did not err in granting summary judgment or refusing late affidavit evidence; the appeals and late amendment applications are dismissed and the summary judgment is affirmed.