Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

No-oral-modification clause

Legal area

Court

24 Jun 2025

ORIENTAL FA LTD v. TO YUEN FANG LOUISE AND ANOTHER

Citation

[2025] HKCFI 2689
Court

Court of First Instance
Case number

HCA919/2024

The court held that the defendants' estoppel defence failed and was struck out because the alleged promise and refinancing deal lacked contemporaneous documentary support, were commercially implausible, defendants did not prove material detrimental reliance, the contract's no‑oral‑modification clause militated against the informal variation alleged, and the plaintiff had given reasonable notice; accordingly summary judgment was entered against D1 for the indebted sums and D2's defence was struck out with directions for default judgment against D2.
11 Oct 2021

IDEA PERFECT HOLDINGS LTD v. GATEWAY ASIA RESOURCES LTD AND OTHERS

Citation

[2021] HKCFI 3019
Court

Court of First Instance
Case number

HCA92/2020

The court held that contemporaneous, professionally drafted written loan agreements, guarantees, share mortgages, extensions and admissions by DW incontrovertibly contradicted the alleged oral agreements and variations; express no-oral-modification clauses rendered alleged oral variations ineffective; DW’s defences and parallel declaration claims were frivolous and an abuse of process; accordingly summary judgment was entered for the plaintiffs and the respondent’s counterclaims and separate declaration actions were struck out, with costs on an indemnity basis.