Hong Kong Case Law: Decisions & Judgments

Topic

Estoppel/election

Legal area

Court

22 Mar 2017

POLYTEC OVERSEAS LTD AND ANOTHER v. GRAND DRAGON INTERNATIONAL HOLDINGS CO LTD AND OTHERS

Citation

POLYTEC OVERSEAS LTD AND ANOTHER v. GRAND DRAGON INTERNATIONAL HOLDINGS CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2776/2016

On a prima facie assessment the BOT arbitration clause covers the plaintiffs' claims arising from the BOT as supplemented and varied; it has not been shown to be null, void or inoperative and therefore a mandatory stay under s 20 is ordered; the court also stayed the claims against guarantor X pending resolution of the arbitration to avoid duplication and risk of conflicting outcomes.
15 May 2009

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

Citation

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCAP8/2007

Leave was granted because Mr Westwood’s report raised relevant matters apparently omitted from the existing expert reports and, on balance of case management, prejudice and the objective of just resolution, admission of his evidence (with directions for expert meeting and joint statement) was necessary and proportionate despite concerns about expert shopping and prior representations.
8 Jan 1992

RE YUN JIP AUTO SERVICES LTD.

Citation

RE YUN JIP AUTO SERVICES LTD.
Court

Court of First Instance
Case number

HCCW84/1990

Although 'sell' and 'purchase' prima facie mean transfer for money, the consent order must be construed as a whole and contains an express fall-back (paragraph 12) for winding-up where the proposed purchase does not occur; a nil valuation does not preclude operation of paragraph 12, and doctrines of election/estoppel and frustration do not prevent the court giving effect to the winding-up provision; accordingly the court ordered the company wound up and Official Receiver appointed.
16 Oct 1990

ATTORNEY GENERAL v. WANG CHONG CONSTRUCTION CO. LTD.

Citation

ATTORNEY GENERAL v. WANG CHONG CONSTRUCTION CO. LTD.
Court

Court of First Instance
Case number

HCMP542/1990

No valid Architect's decision existed for the purposes of clause 117 because (1) the person who purported to decide (Mr Kwan) was not established to be the Architect named in the contract, (2) the maintenance certificate operated as conclusive approval of works and admission of due performance in the contractual scheme, and (3) the dispute concerned excepted matters under clause 115 (quality of materials and workmanship) excluded from clause 117 arbitration; accordingly the Attorney General's applications for declaration and appointment of an arbitrator and for a stay were dismissed and the r…

Hong Kong Case Law

POLYTEC OVERSEAS LTD AND ANOTHER v. GRAND DRAGON INTERNATIONAL HOLDINGS CO LTD AND OTHERS

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

RE YUN JIP AUTO SERVICES LTD.

ATTORNEY GENERAL v. WANG CHONG CONSTRUCTION CO. LTD.