Hong Kong Case Law: Decisions & Judgments

Topic

Election between remedies

Legal area

Court

10 Dec 2018

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

[2018] HKCA 940
Court

Court of Appeal
Case number

CACV158/2012

Because the Court had already dismissed the earlier notices of motion challenging the Main Judgment on the same substantive grounds, the notice of motion of 6 November 2017 (seeking leave to appeal the 20 October 2017 order) was dismissed; the earlier dismissal of the related leave applications determined the matter and required dismissal of the later application with costs.
29 Apr 1994

CAPACIOUS INVESTMENTS LTD. v. TANG WING HON ALAN

Citation

CAPACIOUS INVESTMENTS LTD. v. TANG WING HON ALAN
Court

Court of Appeal
Case number

CACV160/1993

Acceptance by the plaintiff of payment on account of profits constituted an election that precluded recovery of damages for loss of income, but did not bar recovery of compensation for loss on capital account; the Master’s assessment of capital loss at $11,000,000 was upheld and interest awarded at 8% from the date of the writ to the date of the Master’s order and thereafter at the judgment rate.
25 Mar 1992

FOR POR v. SUM SHUK CHING

Citation

FOR POR v. SUM SHUK CHING
Court

District Court
Case number

DCEC172/1991

The applicant failed to show an arguable case for joinder because the Ordinance only permits the Board to be sued as if it were the employer by specific proceedings under section 25, which vests employer rights and liabilities in the Board and requires an election; outside s.25 the Board's role is discretionary and it cannot be made a co-respondent in ordinary Cap.282 proceedings, therefore the summons to join the Board is dismissed.
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6515/1983

The Facility Letters were construed as commercial loans which the lenders reserved the right to withdraw or call (the review date did not create an absolute bar to demand); implied terms shielding borrowers from demand or making repayment contingent on commercial success were not to be implied; no irrevocable election to repudiate was demonstrated by the earlier fraud proceedings; however triable issues existed concerning loans made for acquisition of Paliburg shares and as to consideration for certain guarantees, requiring trials or unconditional leave to defend in those actions; summary jud…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4300/1983

Facility Letters construed as offering term loans subject to an express reservation allowing the lenders at their sole discretion to reduce or withdraw the facility at or after the review date, making loans callable; defendants did not establish triable issues from express or implied terms or election defence generally; triable issues do exist concerning loans made to acquire Paliburg shares and as to consideration for certain guarantees; where no triable issue exists plaintiffs entitled to summary judgment for principal sums claimed and default judgments are set aside only where appropriate.
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4399/1983

Facility Letters construed to permit the lenders to reduce or withdraw facilities and to call loans after the review dates (effectively turning unpaid term loans into demand obligations); the defendants failed to raise triable issues based on express or implied terms or election except in limited categories (loans for Paliburg share purchases and existence of consideration for certain guarantees) where issues of fact exist and unconditional leave to defend was ordered; where no triable issue existed summary judgment was entered for principal sums and certain default judgments were set aside o…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4319/1983

On construction the Facility Letters created loans subject to the lenders' reserved right at the review date to reduce or withdraw the facility so loans became repayable on demand after review; no implied contractual term prevented such demands or required notice; the plaintiffs' earlier tort pleadings did not amount to an election repudiating the loans; triable issues existed only in relation to loans alleged to be for Paliburg share purchases and to consideration for certain guarantees, and accordingly summary judgment was entered for plaintiffs in specified actions while unconditional leav…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6514/1983

Facility Letters were construed to reserve to the lenders a continuing discretion to reduce or withdraw facilities at or after the review date such that loans could be called in on demand; no election arose from the earlier tort pleadings to bar suing on loans; triable issues exist concerning loans made for Paliburg share acquisitions and the consideration supporting certain guarantees; where no triable issue exists court granted summary judgment for principal sums in specified actions and refused leave to defend, while granting unconditional leave to defend where triable issues were found.
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6513/1983

Facility Letters were construed as term loans subject to an express contractual reservation allowing the lenders, after the review date, effectively to treat the facilities as repayable on demand; no term was to be implied preventing the bank from calling loans or requiring reasonable notice; the plaintiffs' earlier fraud action did not constitute an irrevocable election to repudiate the loans absent clear inconsistent conduct; triable issues existed in relation to loans for acquisition of Paliburg shares and as to consideration for guarantees, so summary judgment was refused on those issues…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6510/1983

Facility Letters construed as term loan offers subject to an express lender reservation allowing reduction or withdrawal and to review dates after which loans could be called in; no implied term precluding demand or requiring notice inconsistent with express terms; plaintiffs' earlier fraud pleadings did not amount to an unequivocal election to repudiate the loan contracts; triable issues exist as to loans used to buy Paliburg shares and as to consideration for guarantees; where no triable issue exists the plaintiffs are entitled to summary judgment for principal sums and where triable issues…