Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage sale

  • 21 Nov 2006

    BANK OF CHINA (HONG KONG) LTD v. WENLOY LTD AND ANOTHER

    Citation
    BANK OF CHINA (HONG KONG) LTD v. WENLOY LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA997/2004

    The defendants failed to raise believable triable issues: the 2nd defendant, a former practising solicitor, cannot credibly claim lack of knowledge of clear contractual documents; the alleged settlement agreement is inconsistent with contemporaneous documents and implausible and in any event would be unenforceable as part payment without consideration; accordingly summary judgment was correctly entered and indemnity costs are proper under the contract and given the unmeritorious defence.

  • 10 Jul 2006

    RE FIRST CHINA TRADING LTD

    Citation
    RE FIRST CHINA TRADING LTD
    Court
    Court of First Instance
    Case number
    HCCW226/2006

    The court ordered winding up because the Company owed the petitioner judgment debts, realized security left a substantial shortfall, the Company did not oppose the petition and the appeal was withdrawn, justifying a winding up order and payment of the petitioner's costs from the Company's assets.

  • 3 Nov 2000

    YIP CHAK LAM v. CHEKIANG FIRST BANK LTD.

    Citation
    YIP CHAK LAM v. CHEKIANG FIRST BANK LTD.
    Court
    Court of First Instance
    Case number
    HCSD15/2000

    The applicants failed to show a genuine triable issue: their account was inherently improbable and contradicted by contemporaneous internal documents; the alleged oral settlement was conditional, inadequately performed and legally ineffective as accord and satisfaction for a liquidated judgment debt; estoppel did not apply because the alleged reliance did not constitute legally cognizable detriment; no satisfactory reason was given for the delay in applying out of time. Accordingly the statutory demand applications were dismissed with costs.