Hong Kong Case Law: Decisions & Judgments

Topic

Implied contract by conduct

Legal area

Court

21 Mar 2025

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

Citation

[2025] HKCA 265
Court

Court of Appeal
Case number

CACV98/2023

The appeal is dismissed because the trial judge's factual findings that the Agreement expired on 25 February 2011, that no new contract was formed by the parties' conduct, and that the defendant's performance involved serious illegality interfering with the PRC judicial process were open on the evidence; consequently the Agreement was unenforceable and the defendant's counterclaim for payment failed, so the trial judgment is affirmed and costs follow the event.
21 Jan 2025

NHD SYSTEMS (ASIA) LTD (IN LIQUIDATION) v. LI XIAO YI

Citation

[2025] HKCFI 408
Court

Court of First Instance
Case number

HCA1492/2018

The documents were equivocal and consistent with no concluded loan; absence of any accounting entry or disclosure in the IPO prospectus supported the inference that no loan was outstanding; the plaintiff failed to prove the existence of the loan on the balance of probabilities and therefore, even assuming a prima facie case, the claim must fail. The liquidators' failure to search and disclose relevant records and dishonest evidence by a liquidator justify referral for disciplinary or disqualification consideration.
20 Dec 2023

HWH HOLDINGS LTD AND ANOTHER v. STEPHENSON HARWOOD (A FIRM)

Citation

[2023] HKCFI 3312
Court

Court of First Instance
Case number

HCMP1614/2022

On the balance of probabilities the parties’ conduct from 24 August 2015 onwards established a retainer by conduct between Stephenson Harwood, HWH and Mr Fang; the 14 December 2015 letter and the attached standard Terms of Business were sent, received and comprise the terms of engagement; accordingly Mr Fang and HWH are jointly and severally liable for the SH bills listed.
6 Jan 2023

GOLDEN CONCEPT DEVELOPMENT LTD v. SUN DECO CONTRACTING LTD AND ANOTHER

Citation

[2023] HKCFI 68
Court

Court of First Instance
Case number

HCCT30/2020

On the totality of contemporaneous documents and conduct the court implied a nominated sub-contract between PY and the 1st Defendant in the terms of the NSCtt despite no executed document; collateral contract and estoppel arguments failed; the Deed of Warranty was operative and bound the 1st Defendant; the Personal Guarantee was valid in principle but limited in scope to the Clubhouse works and the Plaintiff failed to identify recoverable loss under that limited coverage so recovery against the 2nd Defendant did not succeed; the 1st Defendant was in breach for lack of diligence and defective…
17 Jan 2022

CREATIVE PROPERTY SERVICES CONSULTANTS LTD v. THE INCORPORATED OWNERS OF KING MING COURT

Citation

[2022] HKCFI 163
Court

Court of First Instance
Case number

HCA2478/2017

The Court held Defendant liable to pay the outstanding management fees of HK$6,025,724.92; the Defendant failed to prove that the Plaintiff retained the Defendant's documents or breached duties to deliver them up; however funds remaining in the manager's Hang Seng bank account are held on a Quistclose trust for the Defendant and the Plaintiff must account for and return the sums currently standing in credit; the two claims are distinct and not to be automatically set off against each other.
28 Apr 2011

LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD

Citation

LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD
Court

District Court
Case number

DCCJ1891/2007

On the evidence the consistent past course of dealings — invoices issued to and habitually paid by the defendant, defendant assuming negotiation and financial consequences of disputes, absence of contemporaneous objection — established contracts between the plaintiff and the defendant for all 36 invoices; the Identity Defence therefore fails. The counterclaim succeeded only in respect of the US$4 per piece reduction for the Cardigan Orders, quantified and supported by primary documents at HK$200,834; other heads (labour remediation, airfreight) were disallowed for inadequate evidence. Net jud…
2 Apr 2004

SHANGHAI TONGJI SCIENCE & TECHNOLOGY INDUSTRIAL CO LTD v. CASIL CLEARING LTD

Citation

SHANGHAI TONGJI SCIENCE & TECHNOLOGY INDUSTRIAL CO LTD v. CASIL CLEARING LTD
Court

Court of Final Appeal
Case number

FACV13/2003

The appeal is dismissed because the conduct surrounding the L/C and negotiation of documents was not unequivocally referable only to an underlying sale contract between Tongji and Casil and was consistent with alternative financing and entrustment arrangements; moreover the subjective qualification applies since evidence established Casil never intended to be seller to Tongji and Tongji knew or acted on that footing; restitution fails because there was no total failure of consideration as Casil rendered performance by tendering conforming documents and received the L/C proceeds, and the unple…

Hong Kong Case Law

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

NHD SYSTEMS (ASIA) LTD (IN LIQUIDATION) v. LI XIAO YI

HWH HOLDINGS LTD AND ANOTHER v. STEPHENSON HARWOOD (A FIRM)

GOLDEN CONCEPT DEVELOPMENT LTD v. SUN DECO CONTRACTING LTD AND ANOTHER

CREATIVE PROPERTY SERVICES CONSULTANTS LTD v. THE INCORPORATED OWNERS OF KING MING COURT

LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD

SHANGHAI TONGJI SCIENCE & TECHNOLOGY INDUSTRIAL CO LTD v. CASIL CLEARING LTD