Hong Kong Case Law: Decisions & Judgments

Topic

Past consideration

Legal area

Court

17 Apr 2024

日訊物業代理有限公司對魏敏

Citation

[2024] HKCFI 1024
Court

Court of First Instance
Case number

HCSA5/2024

Leave to appeal was refused because the appellant failed to demonstrate any arguable question of law; the tribunal's factual findings (that the claimant provided the agency services, the Form 4 was voluntarily signed, and there was no evidence of concealment or causation of claimed losses) were supported by the record and did not involve legal error, and non‑compliance with the practice regulation or alleged use of an unlicensed person did not as a matter of law negate the claimant's entitlement to commission.
30 Sept 2020

LOK WAI YEE v. MAN KOON HUNG

Citation

[2020] HKCFI 2549
Court

Court of First Instance
Case number

HCA1181/2014

The court found on the balance of probabilities that the plaintiff advanced monies at the defendant's request and that, on objective grounds (timing of advances, documentary records, repeated demands, plaintiff's financial position, specific purpose of some advances and use of a joint account to record loans), the presumption against legal relations was rebutted for the Ronis Loans, Citibank credit card loans, the Wedding and Hang Seng bank loans, the items of defendant's expenses that related to the wedding, and the defendant's personal loans; those categories were legally enforceable as loa…
7 Nov 2019

GAM KIMURA COMMODITY TRADE FINANCE FUND LTD (formerly known as Kimura Master Fund Limited) v. SHENZHEN FEIMA INTERNATIONAL SUPPLY CHAIN CO, LTD

Citation

[2019] HKCFI 2780
Court

Court of First Instance
Case number

HCA2609/2018

The proposed defences (past consideration and lack of authority) were incapable of being believed and not arguable: the Guarantee formed part of a single contemporaneous transaction so past consideration pleaded was implausible, and the authority challenge was contradicted by the defendant's public disclosures and by the absence of any prior allegation of lack of authority; accordingly summary judgment was appropriate and the amendment sought was dismissed; costs were awarded to the plaintiff on an indemnity basis in accordance with the parties' agreement and judicial discretion.
30 May 2016

LOK WAI YEE v. MAN KOON HUNG

Citation

LOK WAI YEE v. MAN KOON HUNG
Court

Court of First Instance
Case number

HCA1181/2014

The court granted leave to amend the Defence and to file and rely on the late witness statement because (1) the proposed Balfour-type defence was arguable and necessary for a fair determination of the central issues, (2) the Chow unless order did not operate as an absolute automatic bar to leave and the proper exercise was to consider leave to adduce evidence, (3) prejudice to the plaintiff from delay could be mitigated by costs and rigorous case management measures including vacating and re-fixing trial and requiring specified disclosures, and (4) exceptional case-specific circumstances just…
18 Sept 2014

LIN REN XIANG v. HUI KAM FONG also known as HUI KAM FONG WENDY

Citation

LIN REN XIANG v. HUI KAM FONG also known as HUI KAM FONG WENDY
Court

District Court
Case number

DCCJ1361/2014

The court found the defendant's assertion that the payment was remuneration for past services to be a recent, unsupported and not credible explanation amounting to a shadowy defence. Even accepting the defendant's version, the alleged past services would constitute past consideration and cannot furnish lawful consideration for the promise. On that basis the defendant failed to show a bona fide triable defence; consequently the court set aside the Master's order and granted leave to defend only on condition that the full claimed sum of HK$1,000,000 be paid into court within 28 days, failing wh…
8 Jul 2014

MAGNIFICENT MELODY LTD v. CHAN JOHN LOONG FAI AND OTHERS

Citation

MAGNIFICENT MELODY LTD v. CHAN JOHN LOONG FAI AND OTHERS
Court

Court of Appeal
Case number

CACV273/2013

Security for costs of HK$330,000 was ordered because the appellant is not ordinarily resident in Hong Kong, has no substantial assets in Hong Kong and is impecunious, there are no countervailing factors and the grounds of appeal are not sufficiently meritorious to displace the requirement for security; the court reduced the claimed amount as inflated and assessed a reasonable sum.
12 Dec 2013

HENRY YIJIAN CO., LTD v. KINGSON INTERNATIONAL LTD

Citation

HENRY YIJIAN CO., LTD v. KINGSON INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCMP2737/2013

Because the two shareholders together represented the entire shareholding, their unanimous assent authorised the defendant to be bound by the verbal agreement; the defendant's subsequent conduct implied ratification; the plaintiff provided sufficient consideration (including promise to pay future expenses and repay past expenses) and the judge's factual findings were unimpeachable on the record; therefore there were no arguable grounds of appeal and leave was refused.
4 Sept 2013

LIN JAN v. LONG XIAOBO

Citation

LIN JAN v. LONG XIAOBO
Court

Court of First Instance
Case number

HCA1516/2012

Summary judgment was set aside because the plaintiff failed to verify the pleaded case as required; there were material and credible variances between the pleaded case and affidavits, and contemporary documents made the defendant's account believable such that there are triable issues of fact; accordingly the defendant is entitled to a trial.
11 Mar 2009

INABATA SANGYO (HK) LTD v. SUPERIOR PRECISION ENGINEERING CO. LTD AND OTHERS

Citation

INABATA SANGYO (HK) LTD v. SUPERIOR PRECISION ENGINEERING CO. LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1086/2008

Summary judgment against the 1st defendant was appropriate because the Settlement Agreement and account statements established undisputed indebtedness and the 1st defendant cannot rely on plaintiff's alleged failure to mitigate when the 1st defendant wrongfully transferred possession of the goods. Interlocutory judgment only against the 3rd defendant was required because factual disputes (priority of PRC bank's security, size of bank's claim, possible proceeds and plaintiff's mitigation steps) must be resolved at assessment/trial. The 4th defendant was granted unconditional leave to defend be…
12 Jan 2009

GLYNHILL INTERNATIONAL LTD v. BELFORD PACIFIC LTD AND ANOTHER

Citation

GLYNHILL INTERNATIONAL LTD v. BELFORD PACIFIC LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2937/2002

Application dismissed because the Third Party conceded inordinate delay and failed to demonstrate a real prospect of success; the court found the past consideration argument unpersuasive given the pleaded agreement as a single transaction and continuing liability and contemporaneous documents undermining the Third Party's account.