Hong Kong Case Law: Decisions & Judgments

Topic

Option deed

Legal area

Court

22 Oct 2019

CHINA CINDA (HK) ASSET MANAGEMENT CO., LTD v. LINCA INDUSTRY (HONG KONG) HOLDINGS CO LTD

Citation

[2019] HKCFI 2565
Court

Court of First Instance
Case number

HCA1428/2018

The court held that the defence of non est factum is confined to narrow limits, will not succeed where the mistake relates to the legal effect of the document or where the signer failed to check documents signed in the course of business, and requires exceptional circumstances supported by very cogent evidence; absent such evidence the plea must be rejected.
4 Mar 2019

CONAL INVESTMENT LTD AND ANOTHER v. YU PUN HOI

Citation

[2019] HKCFI 541
Court

Court of First Instance
Case number

HCA1654/2012

The court concluded the Option Deed was intended to have legal effect (signed, sealed, and with manuscript amendments by the defendant) and that the defendant breached the obligation to complete the purchase; the absence of documentary proof of notices was relevant but did not negate the binding nature of the deed and the defendant's admitted failure to complete the transaction.
17 Oct 2012

GALAXY CHINA DEEP VALUE FUND v. TANG JUN AND OTHERS

Citation

GALAXY CHINA DEEP VALUE FUND v. TANG JUN AND OTHERS
Court

Court of First Instance
Case number

HCA1630/2011

Defendants failed to establish any bona fide triable issue because the Security Agreement, properly construed with the correspondence, did not clearly and validly replace clause 4.1(2); any variation would have to comply with clause 11.2 requiring a signed document and that condition was not met; accordingly summary judgment for the plaintiffs was warranted.

Hong Kong Case Law

CHINA CINDA (HK) ASSET MANAGEMENT CO., LTD v. LINCA INDUSTRY (HONG KONG) HOLDINGS CO LTD

CONAL INVESTMENT LTD AND ANOTHER v. YU PUN HOI

GALAXY CHINA DEEP VALUE FUND v. TANG JUN AND OTHERS