Hong Kong Case Law: Decisions & Judgments

Topic

Enforceability of oral agreements

Legal area

Court

5 Mar 2026

LUEN SHING STEEL IRON ENGINEERING WORKS LTD v. MAN YIP KAU

Citation

[2026] HKCFI 1259
Court

Court of First Instance
Case number

HCA2258/2019

The Court accepted the evidence of Mr Lui and Mr Man as credible and the contemporaneous Notebooks and the 2017/2018 accounting tables as determinative; on the balance of probabilities the parties reached and performed an oral joint venture agreement from about June/July 2007 to 25 October 2018 using Luen Shing as the vehicle, sharing profits and losses equally; Luen Shing’s claims and allegations of overpayment were dismissed; accounts and interest were ordered and Mr Lui and Mr Man were entitled to retain their Notebooks and certain documents while corporate originals must be returned to Lu…
29 Nov 2024

SOURCE VIEW DEVELOPMENT LTD 對 CAFE HAPPY POST LTD及另三人

Citation

[2024] HKCA 1112
Court

Court of Appeal
Case number

CAMP334/2023

The appeals and leave applications are dismissed because the appellant failed to identify any legal error in the lower courts' rulings, relied on repetitive and unarguable grounds (including erroneous characterisation of administrators' authority), did not obtain required leave for costs-only appeals, and failed to show the lower courts abused their discretion in awarding costs; accordingly the lower courts' findings that the administrators validly effected the sale and the costs orders were proper are upheld.
18 Jul 2024

LUI KWONG SHING trading as WAI SING ENGINEERING COMPANY v. PINE WOOD (F.E.) INTERNATIONAL LTD

Citation

[2024] HKDC 1182
Court

District Court
Case number

DCCJ3426/2019

Plaintiff failed to prove fulfillment of the 3rd Condition (95% completion by 25 Oct 2015) so no entitlement under the 2nd Contract; however the Oral Agreements (22 invoices) were enforceable and proved to be VOs performed by Plaintiff and payable in the net sum of HK$556,340.12 after deductions; Defendant failed to prove defects were caused by Plaintiff and its counterclaim for rectification costs is dismissed; interest and partial costs ordered to Plaintiff.
31 Aug 2016

李旭及另一人對彭玉蘭

Citation

李旭及另一人對彭玉蘭
Court

Court of First Instance
Case number

HCMP2421/2012

The court found the defendant had no proprietary or equitable interest: transfers were made by beneficial owners and no enforceable written agreement or consideration supported the alleged oral promises; plaintiffs therefore entitled to possession and to costs on indemnity basis; no mesne profits awarded for lack of evidence.
16 May 2007

CHAN KAM KEUNG t/a C.K. DECORATION & DESIGN CO v. ERGO DECORATION CO LTD

Citation

CHAN KAM KEUNG t/a C.K. DECORATION & DESIGN CO v. ERGO DECORATION CO LTD
Court

Court of First Instance
Case number

HCA7928/1999

The court accepted the plaintiff and independent documentary evidence that the plaintiff was the defendant's subcontractor and rejected the defendant's account and its asserted 1st and 2nd Agreements as unproven and commercially improbable; accordingly judgment was entered for the plaintiff for the proven sum with interest and costs.
29 Jun 2005

NEW WORLD DEVELOPMENT CO LTD AND ANOTHER v. SUN HUNG KAI SECURITIES LTD

Citation

NEW WORLD DEVELOPMENT CO LTD AND ANOTHER v. SUN HUNG KAI SECURITIES LTD
Court

Court of Appeal
Case number

CACV205/2004

The April 1990 oral agreement was legally enforceable: the defendant agreed to take half of the 1st plaintiff's interest and to share in development funding (by equity, shareholders loans and, if necessary, direct contributions); contemporaneous documents and later acknowledgements amounted to admissions preventing limitation; the trial judge's factual findings on liability and quantum were open to and properly made, so the appeal is dismissed save for a limited variation of the interest rate.
14 Sept 2004

POON YEE KAN ANDREA ELEANOR v. NEW PARADIGM e-TECHNOLOGY LTD

Citation

POON YEE KAN ANDREA ELEANOR v. NEW PARADIGM e-TECHNOLOGY LTD
Court

Court of First Instance
Case number

HCMP3682/2003

The court found on the evidence that an oral option was granted to Ms Poon and, by ratification under CO s.32A and the parties’ conduct, the option is deemed granted from 1 November 1999; Ms Poon validly exercised the option in May 2002 and equity requires specific performance—New Paradigm must validate the 14 May 2002 allotment of 48,174 shares and deliver a share certificate; the application to rectify the Register is dismissed.
7 Dec 1976

AU YEUNG OI HING v. CHAN CHIU HUNG

Citation

AU YEUNG OI HING v. CHAN CHIU HUNG
Court

Court of First Instance
Case number

HCAP3/1976

The court accepted credible evidence that the testatrix had testamentary capacity and approved the English will; the Chinese document was only draft instructions and not an executed will; there was no sufficient proof of undue influence; the alleged renunciation (Document 7) was not properly attested and therefore ineffective under s29; the later agreement (Document 11) was unsigned and unenforceable under Chapters 23 s5 and s6(1); accordingly the English will is established and the defendant's counterclaim fails.
4 Nov 1968

U.S.I. (HONG KONG) LTD v. YUNG WOON CHEUNG t/a UNION TRADING CO

Citation

U.S.I. (HONG KONG) LTD v. YUNG WOON CHEUNG t/a UNION TRADING CO
Court

Court of First Instance
Case number

HCA699/1967

Defendant was found to be the buyer not an agent; the alleged oral agreement to supply 80,000 lbs per month and pay 12 cents commission was not proved and was unrealistic; the counterclaim failed for lack of credible evidence and consideration, therefore the promissory note was enforceable and plaintiff was entitled to judgment for the balance with interest and costs.