Hong Kong Case Law: Decisions & Judgments

Topic

Interest on late payment

Legal area

Court

8 Jan 2024

WING FAT BUILDING CONSTRUCTION LTD v. C. Y. HON CONSULTANTS LTD

Citation

[2024] HKDC 10
Court

District Court
Case number

DCCJ1192/2021

The defendant's resignation on 30 July 2019 was unjustified and, after failing to resume work and imposing extra conditions, amounted to repudiation of the August Agreement; plaintiff validly accepted repudiation and is entitled to recover the reasonable additional costs of engaging a replacement expert (HK$466,248) plus interest; the defendant's counterclaims fail for lack of proof or legal basis.
21 Dec 2009

THE INCORPORATED OWNERS OF YUE TIN COURT v. LIU HUA AND ZHOU LIMIN

Citation

THE INCORPORATED OWNERS OF YUE TIN COURT v. LIU HUA AND ZHOU LIMIN
Court

District Court
Case number

DCCJ6155/2006

Plaintiff's claim was dismissed because the demand basis was incorrect (contributions were calculated excluding Housing Authority undivided shares contrary to DMC/BMO and demand letters failed to comply with Clause 6(f)), the Incorporated Owners therefore were not entitled to register the Memoranda of Charge; the Defendants' counterclaim succeeds and the notices are null and void; issues as to the Code of Practice did not affect owners' liability absent rescission but did not validate the defective registration and defective demands.
21 Dec 2009

THE INCORPORATED OWNERS OF YUE TIN COURT v. CHANG SHENG KAI

Citation

THE INCORPORATED OWNERS OF YUE TIN COURT v. CHANG SHENG KAI
Court

District Court
Case number

DCCJ6156/2006

The plaintiff's substantive claim was dismissed because the demand and registration procedure under Clause 6(f) of the DMC was not complied with and the defendants had caused or instructed release of the Building Safety Loan so no proper outstanding sum existed; breaches of the procurement Code at best rendered the contract voidable but it had not been set aside and did not relieve owners of contribution liability; interest claims, if any, were for a sum within Small Claims Tribunal jurisdiction.
26 Jul 2006

HOPEFUL MEAT LTD v. TAI PO FROZEN MEAT CO LTD

Citation

HOPEFUL MEAT LTD v. TAI PO FROZEN MEAT CO LTD
Court

District Court
Case number

DCCJ15918/2000

Court found defendant unjustified in unilateral deduction for alleged defects and held defendant materially breached Contract SI5000645; plaintiff validly claimed price only for eight invoices issued before the godown ban and payable on a day certain under s.51(2) (total HKD 146,889.15); appropriation under s.20/Rule 5(1) was not proved so s.51(1) did not apply; plaintiff had accepted repudiation and rescinded contracts and failed to mitigate storage losses so storage charges were disallowed; prior summary judgment of HKD 64,399 set off, leaving defendant to pay HKD 82,490.15; defendant's cou…
16 Jan 2004

NG CHIU KOW AND ANOTHER v. CHAN SAU LIN t/a PANG LEE TRANSPORTATION CO

Citation

NG CHIU KOW AND ANOTHER v. CHAN SAU LIN t/a PANG LEE TRANSPORTATION CO
Court

Court of First Instance
Case number

HCLA65/2003

Wage period means the period in respect of which wages are payable; parties may, in a genuine agreement, define the circumstances or timing when wages are payable (including built-in time elements for computation), but agreements that merely postpone the time wages become due in contravention of sections 22, 23 and 70 are void; the Labour Tribunal failed to make sufficient findings on what agreement, if any, governed when wages became payable, so the appeal is allowed and the matter remitted for retrial.
8 Dec 2003

GLORY ELECTRICAL MANUFACTURING (HK) CO LTD v. DAYS IMPEX LTD

Citation

GLORY ELECTRICAL MANUFACTURING (HK) CO LTD v. DAYS IMPEX LTD
Court

District Court
Case number

DCCJ13613/2000

The court preferred the plaintiff's credible documentary-supported evidence and found on the balance of probabilities that the plaintiff delivered the goods under the relevant invoice and was entitled to judgment for HK$315,700; the claimed prior practice supported interest liability; the defendant failed to prove defects or lawful entitlement to damages for cancelled/non-delivered contracts and its counterclaims were dismissed.

Hong Kong Case Law

WING FAT BUILDING CONSTRUCTION LTD v. C. Y. HON CONSULTANTS LTD

THE INCORPORATED OWNERS OF YUE TIN COURT v. LIU HUA AND ZHOU LIMIN

THE INCORPORATED OWNERS OF YUE TIN COURT v. CHANG SHENG KAI

HOPEFUL MEAT LTD v. TAI PO FROZEN MEAT CO LTD

NG CHIU KOW AND ANOTHER v. CHAN SAU LIN t/a PANG LEE TRANSPORTATION CO

GLORY ELECTRICAL MANUFACTURING (HK) CO LTD v. DAYS IMPEX LTD