Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Parties to contract

Legal area

Court

25 Apr 2022

ALPHA FINANCIAL PRESS LTD v. AMTD GROUP CO LTD AND ANOTHER

Citation

[2022] HKCFI 1084
Court

Court of First Instance
Case number

HCA1362/2019

Appeal allowed and summary judgment set aside because there are genuine factual disputes as to whether and when the Printing Services Agreement was formed and as to which entity contracted; these disputes cannot be resolved on affidavit evidence and therefore the matter is unsuitable for summary judgment; the Plaintiff's summons for summary judgment is dismissed and costs follow the event with specified costs orders nisi.
31 Mar 2021

BESPARK TECHNOLOGIES ENGINEERING LTD v. GOLDEN CONCEPT DEVELOPMENT LTD

Citation

[2021] HKCFI 839
Court

Court of First Instance
Case number

HCA2238/2019

The Letter of Nomination constituted a binding agreement between Bespark and Golden Concept; Paul Y was not a party to the Letter. Bespark had by conduct accepted the terms of the draft Sub-Contract and could not avoid executing it. Clause 9 of the Letter precluded Golden Concept from assuming liability to Bespark despite having paid directly. Consequently Bespark’s claims against Golden Concept were misconceived; Golden Concept was entitled to specific performance ordering Bespark to execute the formal Sub-Contract and the actions were dismissed.