Hong Kong Case Law: Decisions & Judgments

Topic

Extrinsic evidence

Legal area

Court

6 Sept 2013

TCG AND OTHERS v. TCS AND ANOTHER

Citation

TCG AND OTHERS v. TCS AND ANOTHER
Court

Court of First Instance
Case number

HCMP246/2013

Clause 2 ('名下所有(不論在世界任何地方)的財産') must be read expansively in the context of the Joint Will and its provisions; the Joint Will governs all assets of the testator wherever situate and includes assets beneficially owned but held in the name of others on trust. The holistic reading (life interest to surviving spouse, clear testamentary intention to favour charities, impracticality of leaving assets to fall into intestacy) supports the wide construction.
22 Oct 2009

CHAN MOON v. CHEUNG SUNG LAM

Citation

CHAN MOON v. CHEUNG SUNG LAM
Court

Court of First Instance
Case number

HCA1060/2009

The court held the cheques are unconditional bills of exchange and extrinsic evidence cannot be used to nullify their unconditional payment obligation absent a valid condition precedent; the defendant's alleged agreements were not credible on the contemporaneous evidence and did not constitute an arguable defence, so summary judgment must be entered for the plaintiff.
8 Jan 1992

YAM YUN FAI v. YIP SIU HUNG

Citation

YAM YUN FAI v. YIP SIU HUNG
Court

Court of First Instance
Case number

HCMP3348/1991

Neither the verbal description nor the plan alone clearly and definitely defined the property; item (b) of the Assignment showed an assignment of one equal undivided 20th share and the Deed of Mutual Covenant demonstrated that one such share corresponded to the whole ground floor. Therefore the operative description is the whole ground floor and the vendor has shown good title; the purchaser's remaining doubts were not reasonable and the requisition was sufficiently answered.
16 Mar 1988

CHINA NATIONAL LIGHT INDUSTRIAL PRODUCTS IMPORT AND EXPORT CORP v. TAN CHENG KEE AND OTHERS

Citation

CHINA NATIONAL LIGHT INDUSTRIAL PRODUCTS IMPORT AND EXPORT CORP v. TAN CHENG KEE AND OTHERS
Court

Court of Appeal
Case number

CACV152/1987

The Court of Appeal held the written document, read as a self-contained instrument, constituted an undertaking by Tung Ming Trading Co. to the Corporation and did not, on its proper construction, create personal liability on the individual directors. Extrinsic evidence of the meetings did not show sufficient clear contrary intention to bind the directors personally and there was no finding of a separate oral agreement imposing such personal obligations; accordingly the claim against the appellants failed.

Hong Kong Case Law

TCG AND OTHERS v. TCS AND ANOTHER

CHAN MOON v. CHEUNG SUNG LAM

YAM YUN FAI v. YIP SIU HUNG

CHINA NATIONAL LIGHT INDUSTRIAL PRODUCTS IMPORT AND EXPORT CORP v. TAN CHENG KEE AND OTHERS