Hong Kong Case Law: Decisions & Judgments

Topic

Oral variation of written contract

Legal area

Court

20 Mar 2025

HOMEBRIDGE INDUSTRIAL LTD v. GIMAN INTERNATIONAL LTD

Citation

[2025] HKDC 378
Court

District Court
Case number

DCCJ710/2022

The Court accepted the Plaintiff's evidence that the Defendant breached the fundamental exclusive-distribution term by selling the Frozen Series masks to unauthorised third parties, rejected the unproven oral variation defence, held that the Plaintiff validly terminated the Agreement and ordered return of the deposit with interest and costs; the Defendant's counterclaim was dismissed for procedural non-compliance.
6 Mar 2020

SIT SAU MING v. LEUNG MAY CHUN, ALISON ALIANCE（梁美春）formerly known as SHAM MAY CHUN（岑美春）

Citation

[2020] HKDC 137
Court

District Court
Case number

DCCJ4453/2008

Court found on contemporaneous evidence that both parties, through MWC, agreed to postpone completion from 2 January 2008 to 9 January 2008; the oral postponement did not extinguish the original written agreement and, applying the principle that informal parol variations cannot be set up to defeat enforcement of the original written contract, the plaintiff was entitled to specific performance of the formal sale agreement; defendant's counterclaim and plea of laches were dismissed.
21 Jun 2002

WAYGOOD INVESTMENT LTD. v. GRAND JEWELLERY MANUFACTURING LTD. AND OTHERS

Citation

WAYGOOD INVESTMENT LTD. v. GRAND JEWELLERY MANUFACTURING LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV80/2002

The Court affirmed the lower courts' conclusion that the defendants failed to establish a triable issue because the alleged oral agreement was inherently improbable, contradicted by detailed formal written agreements and a deed of confirmation, and was raised belatedly, rendering the defence incredible; summary judgment was therefore correctly entered for the plaintiff.
20 Jan 1986

WONG SHU HO t/a SUN SUN TRADING COMPANY v. TEXXON & CO. (a firm)

Citation

WONG SHU HO t/a SUN SUN TRADING COMPANY v. TEXXON & CO. (a firm)
Court

Court of Appeal
Case number

CACV10380/1983

The court found that Contract A was effectively a sale by sample and Texxon failed to supply goods conforming to the sample; oral promises by Texxon (to indemnify/accept responsibility) and collateral oral agreements on notification of readiness to open L/Cs constituted enforceable variations with consideration and ousted the operation of the written Condition 14 and strict L/C timing; Texxon breached Contracts A, B and D and plaintiff proved damages for lost profits for A, B and D in specified amounts; the defendant's counterclaim failed because the court found defendant, not plaintiff, caus…

Hong Kong Case Law

HOMEBRIDGE INDUSTRIAL LTD v. GIMAN INTERNATIONAL LTD

SIT SAU MING v. LEUNG MAY CHUN, ALISON ALIANCE（梁美春）formerly known as SHAM MAY CHUN（岑美春）

WAYGOOD INVESTMENT LTD. v. GRAND JEWELLERY MANUFACTURING LTD. AND OTHERS

WONG SHU HO t/a SUN SUN TRADING COMPANY v. TEXXON & CO. (a firm)