Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Implied term of reasonableness

Legal area

Court

13 Aug 2019

ADDITECH LTD v. TAI CHEUNG MANAGEMENT CO LTD

Citation

[2019] HKLdT 48
Court

Lands Tribunal
Case number

LDBM224/2018

For the purpose of the striking out application the Damages Claim disclosed a reasonable cause of action because para.3 of the Second Schedule of the DMC can be construed to include an implied requirement that the respondent's consent not be unreasonably withheld; consequently the respondent's proposed appeal lacked a reasonable prospect of success and leave to appeal was refused.
10 Jul 2000

HANG SENG CREDIT CARD LTD. v. TSANG NGA LEE

Citation

HANG SENG CREDIT CARD LTD. v. TSANG NGA LEE
Court

Court of First Instance
Case number

HCA15043/1999

The indemnity cost provision in the credit card agreements is unconscionable under the Unconscionable Contracts Ordinance given the unequal bargaining positions, lack of notice, excessively wide scope allowing recovery of indirect and unlimited charges and potential for abusive application; therefore the provision is unenforceable and the plaintiffs are limited to fixed costs; the master's order was affirmed and the appeal dismissed.