Hong Kong Case Law: Decisions & Judgments

Topic

Implied terms of contract

Legal area

Court

2 Sept 2022

洪偉志 v. 靖天物流有限公司

Citation

[2022] HKCFI 2730
Court

Court of First Instance
Case number

HCSA17/2022

The Court held there was no error of law in the Tribunal's decision: the Tribunal properly examined the evidence and applied the correct legal tests, reasonably concluded the claimant was not an employee, correctly permitted deduction of the contractual penalty, and correctly refused to imply a term requiring notice or payment in lieu because the strict tests for implication were not satisfied.
23 Apr 2021

CLSA PREMIUM LTD (formerly known as KVB KUNLUN FINANCIAL GROUP LTD) AND OTHERS v. BANCLOGIX SYSTEM CO., LTD

Citation

[2021] HKCFI 1102
Court

Court of First Instance
Case number

HCA1416/2019

The court concluded there is a serious issue to be tried as to whether implied contractual duties required the defendant to preserve and give access to the Plaintiffs' Data; damages would be inadequate because of risk of irretrievable loss and regulatory harm; balance of convenience favors preserving the status quo by renewing the defendant's undertakings until trial; alleged ex parte nondisclosures were innocent and do not bar relief; accordingly injunctive relief in the form of renewed undertakings should continue and the defendant's summons is dismissed.
21 Jan 2015

RE POLYLINE DEVELOPMENT LTD (IN LIQUIDATION)

Citation

RE POLYLINE DEVELOPMENT LTD (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCCW387/2003

The plaintiff's proposed claims are an abuse of the court's process and disclose no reasonable cause of action because they are the same or closely related to matters that were or could and should have been litigated in the 2006 Action (whose final judgment is binding); the constructive trust, knowing receipt and dishonest assistance claims are unparticularised and unsustainable; accordingly the strike-out applications succeed and applications to amend and to join Pegasus and Polyline are refused, with costs ordered against the plaintiff.
28 Nov 2014

CHAN CHING HO, OWEN v. POON YUK KING

Citation

CHAN CHING HO, OWEN v. POON YUK KING
Court

District Court
Case number

DCCJ1802/2012

The plaintiff failed to prove fraudulent misrepresentation on the balance of probabilities and failed to establish any implied contractual terms because the terms claimed were not necessary to give business efficacy, were not so obvious, or would contradict express arrangements; telephone recordings made after the agreement and largely clandestine were given little weight; misappropriation of samples was not established; claim dismissed with costs and order nisi for party and party costs granted.
23 Apr 1993

CHIU KIN LING AND OTHERS v. THE ATTORNEY GENERAL

Citation

CHIU KIN LING AND OTHERS v. THE ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCA7375/1991

At the time the plaintiffs accepted offers of appointment the implied condition of parity (established in 1973) remained in force because the Review Committee (Rennie Report) had no remit to sever the link; the Standing Commission's recommendation to sever the link was not accepted by Government until 8 January 1991, therefore plaintiffs were employed on terms entitling them to pay comparable to a Chief Inspector and are entitled to declarations to that effect.

Hong Kong Case Law

洪偉志 v. 靖天物流有限公司

CLSA PREMIUM LTD (formerly known as KVB KUNLUN FINANCIAL GROUP LTD) AND OTHERS v. BANCLOGIX SYSTEM CO., LTD

RE POLYLINE DEVELOPMENT LTD (IN LIQUIDATION)

CHAN CHING HO, OWEN v. POON YUK KING

CHIU KIN LING AND OTHERS v. THE ATTORNEY GENERAL