Hong Kong Case Law: Decisions & Judgments

Topic

Passing of property in goods

Legal area

Court

25 Sept 1990

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS

Citation

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS
Court

Court of Appeal
Case number

CACV38/1990

Although there was a serious question to be tried on formation of a contract, the interlocutory injunction was correctly discharged because the plaintiffs could be adequately compensated by damages (steel was available on the world market and defendant solvency was not in question) and the evidence supported that the sellers retained property by retaining the original bills of lading; therefore continuation of the injunction was not justified.
23 Dec 1983

NG YAT YING v. LAM MING KWAN AND OTHERS

Citation

NG YAT YING v. LAM MING KWAN AND OTHERS
Court

Court of First Instance
Case number

HCA2495/1977

On the facts the court inferred a different intention to the presumption in s.20(1): retention of the registration book and an agreement that the parties would attend the Transport Department and payment of the balance before completion demonstrated that property was to pass only on payment and registration; accordingly property remained with the registered owner at the time of the accident, the driver was a permitted driver not servant/agent, and the insurer was liable under the policy extension to satisfy judgments against the driver.
23 Dec 1983

NG YAT YING AND OTHERS v. LAM MING KWAN AND OTHERS

Citation

NG YAT YING AND OTHERS v. LAM MING KWAN AND OTHERS
Court

Court of First Instance
Case number

HCA2496/1977

On the facts the parties intended that property was to pass only upon payment of the balance and completion of registration formalities; retention of the registration book and deferment of payment constituted a different intention ousting the s.20 presumption, so property remained vested in the registered owner at the time of the collision; the driver was using the vehicle with the owner's permission (not as servant/agent), and the insurer was liable under the policy extension to satisfy judgments against the driver.

Hong Kong Case Law

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS

NG YAT YING v. LAM MING KWAN AND OTHERS

NG YAT YING AND OTHERS v. LAM MING KWAN AND OTHERS