Hong Kong Case Law: Decisions & Judgments

Topic

Incorporation of contractual terms

Legal area

Court

21 May 2018

MOZARD (HK) CO. LTD v. DACHSER HONG KONG LTD

Citation

[2018] HKDC 574
Court

District Court
Case number

DCCJ5823/2015

The AWB reverse conditions were incorporated by prominent notice on the AWB; defendant failed to prove the loss occurred within an airport so Montreal Convention did not apply directly and clause 2/2.1 could not be construed to extend the Convention to cover the release; HAFFA STCs were incorporated by the Shipper's Instructions and clause 21.5 covers unexplained losses; clause 21.5 is reasonable under the CECO; liability is therefore limited to the per kilogram HAFFA limit applied via AWB clause 4, resulting in HK$10 x 300 kg = HK$3,000 damages plus interest.
6 Jul 2012

WAI MING (LING\'S) ENGINEERING CO LTD v. K.H. FOUNDATIONS LTD

Citation

WAI MING (LING\'S) ENGINEERING CO LTD v. K.H. FOUNDATIONS LTD
Court

Court of First Instance
Case number

HCCT7/2007

The Court accepted the Plaintiff's contemporaneous signed documents and oral evidence and rejected the Defendant's account; the Formal Sub-Contract was not incorporated into the parties' contract, no fixed completion date was established so a reasonable time was implied, and on the evidence the Plaintiff did not delay; judgment entered for the Plaintiff for the outstanding sums plus awarded interest and costs nisi.
16 Mar 2007

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. YANG WAI MAN

Citation

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. YANG WAI MAN
Court

Court of First Instance
Case number

HCMP1003/2006

Term 6 of the Facility Letter was not incorporated into the Charge because Clause 3(a) and the defined 'Sum' did not clearly provide for interest on sums due but not paid or for capitalisation; accordingly the claims for overdue (late payment) interest (both on instalments and on outstanding principal) and for capitalisation were disallowed; only the outstanding principal and contractual interest as provided by the Charge were recoverable and the earlier order was varied accordingly.
16 Nov 2006

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD

Citation

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD
Court

District Court
Case number

DCCJ6778/2002

Appeal dismissed because defendant failed to demonstrate that the requested documents were relevant to the matters in issue between defendant and 2nd plaintiff; documents between 1st and 2nd plaintiffs cannot establish contractual terms or practices incorporated into the contract between defendant and 2nd plaintiff, and there was no evidence that explanatory documents in category (ii) ever existed, so the prerequisites for specific discovery were not satisfied.
8 Mar 2004

NG AI KHENG JASMINE v. MASTER M. YUEN & ANOTHER

Citation

NG AI KHENG JASMINE v. MASTER M. YUEN & ANOTHER
Court

Court of First Instance
Case number

HCAL46/2003

Under the statutory assessment scheme the value of a property is the net amount that would be realized on sale; where secured indebtedness exceeds market value the property yields no surplus and must be valued at zero for disposable capital. The Regulations do not permit treating negative equity or liabilities secured on capital assets as reducible items in computing disposable capital. Applying those legal principles, the Director's assessment was lawful and not Wednesbury unreasonable; the Master's affirmation was therefore correctly upheld and judicial review dismissed.
23 May 2002

FLYING TRANSPORTATION (MACAU) LTD. v. PACIFIC AIR FREIGHT (HK) LTD.

Citation

FLYING TRANSPORTATION (MACAU) LTD. v. PACIFIC AIR FREIGHT (HK) LTD.
Court

Court of First Instance
Case number

HCA6187/2000

The defendant was properly bound by the standard conditions incorporated by notice on the house air waybill and, as between freight forwarders, contracted as a principal and is therefore liable to pay the plaintiff the claimed sum; the plaintiff's subsequent pursuit of the Taiwanese principals did not constitute a legal election barring recovery against the defendant.
23 Nov 1990

GITTING ENGINEERING LTD. v. WALY DECORATIVE PRODUCTS LTD.

Citation

GITTING ENGINEERING LTD. v. WALY DECORATIVE PRODUCTS LTD.
Court

Court of First Instance
Case number

HCA7887/1988

The court found express and/or implied contractual conditions (s.15, s.16, s.17 Cap.26) breached because the veneers did not correspond with the description or samples and were not merchantable/fit for purpose; the printed terms and exemption clauses on the reverse were not incorporated as they were not brought to the plaintiffs' attention when the contracts were formed; accordingly judgment for the plaintiff for assessed damages and declarations for potential third‑party liabilities was entered, with interest and costs.
14 Feb 1990

TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD

Citation

TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD
Court

Court of First Instance
Case number

HCCL138/1989

The unsigned sales confirmations were incorporated into the contracts by the parties' course of dealing and by the plaintiff's knowledge and acceptance, and clause 11 therefore constituted a written arbitration agreement within the meaning of the Arbitration Ordinance; the alleged compromise did not remove the availability of arbitration because settlement was not implemented; accordingly a stay of proceedings under the Arbitration Ordinance was ordered.