Hong Kong Case Law: Decisions & Judgments

Topic

Mistake (mutual and unilateral)

Legal area

Court

22 Jul 2011

KOWLOON DEVELOPMENT FINANCE LTD v. PENDEX INDUSTRIES LTD AND OTHERS

Citation

KOWLOON DEVELOPMENT FINANCE LTD v. PENDEX INDUSTRIES LTD AND OTHERS
Court

Court of First Instance
Case number

HCA813/2006

The court found on credibility and documentary evidence that the consent/Tomlin orders did not reflect the parties' true agreement (which was limited to annual reviews fixing instalments) and that the defendants either knew of or sought to take advantage of the mistake; accordingly rectification of the 2004 and 2005 orders was ordered to record the continuing review mechanism and the plaintiff's entitlement to pursue the outstanding balance if reviews/defaults occurred; delay did not bar the equitable remedy on the facts.
6 Aug 1999

CEF GC BROKERAGE LTD. v. CHRISTOPHER TU

Citation

CEF GC BROKERAGE LTD. v. CHRISTOPHER TU
Court

Court of First Instance
Case number

HCA17517/1998

The guarantee, as written and signed, imposed primary liability on the defendant without need for prior demand on the customer; the defendant's pleaded facts do not disclose a triable defence of mistake because the alleged mistakes were not mutual, were unreasonable given the document's express terms, and unilateral mistake cannot succeed absent the plaintiff's knowledge; accordingly final judgment for the plaintiff was entered for the claimed balance with interest and costs.
7 Mar 1995

JLW MANAGEMENT SERVICES LTD. and Another v. CHARTER DRAGON DEVELOPMENT LTD.

Citation

JLW MANAGEMENT SERVICES LTD. and Another v. CHARTER DRAGON DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCA6837/1994

The defendant breached the sub-deed of mutual covenant by appropriating the designated Office Common Area; the unregistered licence from the previous owner could not exclude subsequent co-owners who purchased without notice and who had agreed in the sub-deed to common use; the first plaintiff had standing to enforce the covenants; accordingly final injunctive relief should be granted to require the defendant to cease occupying and to restore the disputed area, together with ancillary remedies.
9 Apr 1990

PETER YIU SING CHAN v. MADAM LAM YAT WAH

Citation

PETER YIU SING CHAN v. MADAM LAM YAT WAH
Court

Court of First Instance
Case number

HCMP3481/1973

Defendants failed to demonstrate an arguable defence of mutual mistake or reasonable prospects of contradicting the plaintiff's evidence; it was not plain that laches would bar relief; accordingly the plaintiff was entitled to summary enforcement of the Tomlin Order in the form agreed and an order directing the execution of the assignment was made.
9 Apr 1990

PETER YIU SING CHAN v. MADAM LAM YAT WAH

Citation

PETER YIU SING CHAN v. MADAM LAM YAT WAH
Court

Court of First Instance
Case number

HCMP19/1972

Defendants failed to show a reasonable prospect of success on mutual mistake and did not establish unilateral mistake; it was not plain that laches would necessarily defeat their defence; accordingly no triable issue was established that would prevent summary enforcement of the Tomlin Order and the plaintiff was entitled to the ordered assignment.

Hong Kong Case Law

KOWLOON DEVELOPMENT FINANCE LTD v. PENDEX INDUSTRIES LTD AND OTHERS

CEF GC BROKERAGE LTD. v. CHRISTOPHER TU

JLW MANAGEMENT SERVICES LTD. and Another v. CHARTER DRAGON DEVELOPMENT LTD.

PETER YIU SING CHAN v. MADAM LAM YAT WAH

PETER YIU SING CHAN v. MADAM LAM YAT WAH