Hong Kong Case Law: Decisions & Judgments

Topic

Parol/extrinsic evidence

Legal area

Court

12 Apr 2024

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Citation

[2024] HKCA 302
Court

Court of Appeal
Case number

CACV95/2022

The Court held that Party A comprised both the 1st and 2nd Defendants on the wording, context and commercial purpose of the written agreement; the extrinsic evidence relied on by appellants did not raise triable issues sufficient to defeat a summary judgment; payment without transfer/registration of title amounted to a total failure of consideration such that unjust enrichment restitution was available and the defendants' change of position defence failed; admission of late new evidence was properly refused; accordingly the appeals and leave application were dismissed and summary judgment and…
4 Mar 2020

X v. JEMMY CHIEN (also known as CHIEN, CHING YU or 簡慶裕)

Citation

[2020] HKCFI 286
Court

Court of First Instance
Case number

HCCT31/2019

The court dismissed the plaintiff's application to set aside the arbitral awards and granted the defendant leave to enforce them because the arbitrator correctly found on the evidence that the Defendant was the true contracting party, the arbitrator had considered parol evidence and was entitled to make credibility and factual findings, and the plaintiff failed to establish that enforcement would offend Hong Kong public policy or that the arbitration agreement was invalid.
12 Mar 2003

WONG WING TAO v. WONG WAI KEUNG

Citation

WONG WING TAO v. WONG WAI KEUNG
Court

Court of First Instance
Case number

HCA1213/2002

The plaintiff's claim to be sole beneficial owner of the First Property was bound to fail because the Deed of Gift expressed an intention to gift which could not be displaced by the plaintiff's contradictory evidence; the surrounding facts were consistent with at most a limited interest or licence and did not demonstrate a bona fide defence to the counterclaim, therefore the Master's orders striking out the claim and entering judgment for the defendant were correctly affirmed.
17 Nov 1988

SELF STRONG LTD v. KEYTEX GARMENT MANUFACTURING CO LTD

Citation

SELF STRONG LTD v. KEYTEX GARMENT MANUFACTURING CO LTD
Court

Court of First Instance
Case number

HCA5965/1987

The court found the parties agreed the colour standard inclusive of after-wash samples as recorded in the memorandum which formed part of the contract; the charcoal portion failed to meet the after-wash standard after multiple wash attempts; the defendant was therefore entitled to reject the entire delivery; expert evidence from Mr Wong was disallowed for lack of prior leave; accordingly the plaintiff's claim for the price failed and judgment was entered for the defendant on its counterclaim.

Hong Kong Case Law

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

X v. JEMMY CHIEN (also known as CHIEN, CHING YU or 簡慶裕)

WONG WING TAO v. WONG WAI KEUNG

SELF STRONG LTD v. KEYTEX GARMENT MANUFACTURING CO LTD