Hong Kong Case Law: Decisions & Judgments

Topic

Indenture

Legal area

Court

14 Oct 2024

FINE VISION OPPORTUNITY III LTD v. XINYUAN REAL ESTATE CO LTD AND OTHERS

Citation

[2024] HKCFI 2773
Court

Court of First Instance
Case number

HCA355/2023

No triable issue of economic duress because the plaintiff's conduct was commercial bargaining without illegitimate threat; D1 unequivocally affirmed the NPA by its January 2022 email after the Exchange Offer took effect; damages were inadequate given the size and illiquidity of the Sale Notes, therefore specific performance ordered and monetary judgment against guarantors; defendants' counterclaim and amendment summons dismissed.
23 Aug 2022

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LTD v. WONG SAI CHUNG

Citation

[2022] HKCFI 2579
Court

Court of First Instance
Case number

HCA1628/2021

Defendant failed to particularise or provide evidence of a clear shared assumption or representation amounting to an estoppel by convention and failed to show lack of consideration; negotiations alone and a demand letter shortly after maturity contradicted any alleged forbearance; accordingly no triable issues were established and final judgment entered for the principal with interlocutory judgment for interest and damages to be assessed, and costs ordered nisi on an indemnity basis up to interlocutory judgment.
4 Oct 2004

TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS v. FULL WISDOM HOLDINGS LTD AND OTHERS

Citation

TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS v. FULL WISDOM HOLDINGS LTD AND OTHERS
Court

Court of Final Appeal
Case number

FAMV15/2004

Leave to appeal refused because the evidence of PRC law relied on by applicants was unsatisfactory and inadmissible as a basis to resist summary judgment, and because applicants conceded the JV contracts were valid at inception and only 'became' illegal (if at all) after the State Council Notice, thereby engaging clause 501(11)(c) which negated any mutual mistake defence; no question of great general or public importance arose and there was inexcusable delay.

Hong Kong Case Law

FINE VISION OPPORTUNITY III LTD v. XINYUAN REAL ESTATE CO LTD AND OTHERS

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LTD v. WONG SAI CHUNG

TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS v. FULL WISDOM HOLDINGS LTD AND OTHERS