Hong Kong Case Law: Decisions & Judgments

Topic

Exclusive agency

Legal area

Court

26 Mar 2010

REGENT LAND ASIA LTD v. LEE CHAU HUNG, EVA AND OTHERS

Citation

REGENT LAND ASIA LTD v. LEE CHAU HUNG, EVA AND OTHERS
Court

District Court
Case number

DCCJ4460/2007

The court upheld the master's dismissal of the plaintiff's applications because the 1st defendant's answers to the interrogatories were sufficient in disclosing that the 2nd defendant conducted negotiations on her behalf, the contested interrogatories were unnecessary or unmeritorious, some were improperly fashioned or speculative (fishing) and the October summons failed to observe the District Court's leave requirement; accordingly no further answers were ordered and the appeal was dismissed.
6 Feb 2007

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI

Citation

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI
Court

Court of First Instance
Case number

HCA2058/2005

Interlocutory injunction refused because enforcement would amount to compelling the defendant to continue a personal services agency relationship involving special skill and mutual trust that has broken down; plaintiff's delay and the balance of convenience (prejudice to defendant and imminent trial) further disfavor injunctive relief. Anti-suit injunction refused because contract contained a non-exclusive Hong Kong forum clause, defendant had legitimate grounds to sue in Shanghai and there was no bad faith or need to protect Hong Kong proceedings.
31 Dec 1998

TRUEBELL PLC v. LEUNG FAI MAN t/a TRUEBELL MARKETING CO.

Citation

TRUEBELL PLC v. LEUNG FAI MAN t/a TRUEBELL MARKETING CO.
Court

Court of First Instance
Case number

HCA1242/1997

The Court held the assignment was valid and governed by Hong Kong law (deed under seal and express Hong Kong governing law clause); the Defendant failed to produce credible evidence that Chinese law applied to the assignability of the debt; champerty and lack of consideration arguments failed; the asserted set-off based on Dongguan's alleged repudiation did not raise a triable issue because the Plaintiff had paid and is estopped from pursuing inconsistent claims; there were no triable issues and summary judgment was upheld and the appeal dismissed.

Hong Kong Case Law

REGENT LAND ASIA LTD v. LEE CHAU HUNG, EVA AND OTHERS

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI

TRUEBELL PLC v. LEUNG FAI MAN t/a TRUEBELL MARKETING CO.