Hong Kong Case Law: Decisions & Judgments

Topic

Estoppel by election

Legal area

Court

21 Apr 2023

HUANG LIDONG v. KWONG WING CHUNG

Citation

[2023] HKDC 461
Court

District Court
Case number

DCCJ70/2021

The appeal is dismissed because the defendant failed to comply with the Master's condition and allowed final judgment to be sealed and perfected, rendering the court functus officio and the Notice of Appeal spent; alternatively, even if jurisdiction remained, the defence was shadowy and only conditional leave to defend (on payment of HK$800,000 into court within 14 days) would be warranted; costs awarded on an indemnity basis with specified disallowance for bundle compilation costs.
23 Apr 2007

GOLD DRAGON LTD v. POON LAI BING

Citation

GOLD DRAGON LTD v. POON LAI BING
Court

District Court
Case number

DCCJ2299/2006

The plaintiff was not estopped because consenting to an application to amend a defendant's pleading is not an election of mutually exclusive causes of action when the plaintiff was passive to the defendant's application; the impugned paragraphs (other than paragraph 15) were vague and lacked necessary particulars as to fraud, forgery and dishonesty and therefore must be struck out; costs were apportioned — plaintiff to bear costs of the first day adjournment and otherwise recover 80% of the costs of the application, with taxation and certificate for counsel as ordered.
1 Jun 2001

EL VINCE LTD. v. WU WEN SHENG

Citation

EL VINCE LTD. v. WU WEN SHENG
Court

Court of First Instance
Case number

HCA14607/1999

The court held that restoration under Companies Ordinance s.290A(6) retrospectively validates acts done in the name of the company and therefore the writ was valid; there was no estoppel preventing the defendant from raising the merits on appeal; applying the appropriate test for setting aside a regular judgment (requiring a real prospect of success or that the defence could well be established at trial), the defendant's evidence disclosed sufficient prospects and conviction to justify setting aside the default judgment and allowing the matter to proceed to trial.
22 Jan 1999

FUNG KAN WAI AND ANOTHER v. LEUNG SHUI FAT AND OTHERS

Citation

FUNG KAN WAI AND ANOTHER v. LEUNG SHUI FAT AND OTHERS
Court

Court of First Instance
Case number

HCA6859/1997

Plaintiffs breached the agreement by failing to pay the 10% stage payment when due; defendants validly terminated the agreement by letter of 15 January 1996; defendants are entitled to forfeit only the contractual 'initial deposit' of $30,000 (not the entire 20%/$296,000); the plaintiffs are estopped from claiming refund under Clause 8(iii) because they elected to continue after 31 December 1994; no damages awarded to defendants for resale because no loss; registration of lis pendens was not wrongful in light of the returnable balance held by defendants.
20 Jan 1993

LAM FUNG YING v. HO TUNG SING AND ANOTHER

Citation

LAM FUNG YING v. HO TUNG SING AND ANOTHER
Court

Court of Appeal
Case number

CACV154/1992

The plaintiff, after defendants repudiated the alleged compromise and after the master refused to enforce it, elected by restoring and prosecuting the original action; having so elected and having induced the defendants to act on that election, she was estopped from later suing to enforce the compromise, so the subsequent action was bound to fail and was correctly struck out.
30 Jun 1992

LAM FUNG YING v. HO TUNG SING AND ANOTHER

Citation

LAM FUNG YING v. HO TUNG SING AND ANOTHER
Court

Court of First Instance
Case number

HCA2329/1992

Default judgment set aside because defendants established a bona fide defence raising a serious question to be tried and the default resulted from solicitors' procedural error; plaintiff had elected by conduct to pursue the original cause of action (obtaining particulars and costs and restoring the summons) thereby waiving remedies under the settlement, so the Statement of Claim for breach of the settlement was struck out and the action dismissed.

Hong Kong Case Law

HUANG LIDONG v. KWONG WING CHUNG

GOLD DRAGON LTD v. POON LAI BING

EL VINCE LTD. v. WU WEN SHENG

FUNG KAN WAI AND ANOTHER v. LEUNG SHUI FAT AND OTHERS

LAM FUNG YING v. HO TUNG SING AND ANOTHER

LAM FUNG YING v. HO TUNG SING AND ANOTHER