Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indemnity as agent
  • 3 Dec 2008

    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER

    Citation
    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1413/2005

    The court held that the purchaser Ms Lee could claim indemnity as agent for MHAL under the express indemnity clauses; specific warranties were construed against the plaintiffs and several breaches were established where proved on the balance of probabilities (failure to deliver land/building certificates, failure to provide certain after-sale service costs, statutory employee payments on termination, shortage of tax-free raw materials, shortfall in raw-material stock, and excessive accounts payable). The court rejected unpleaded defences (common mistake, implied terms) and insufficiently evid…