Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Payment recovery

Legal area

Court

15 Jun 2022

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD

Citation

[2022] HKCFI 1632
Court

Court of First Instance
Case number

HCA486/2018

The court refused the Order 14A application because, although the First Question was one of contract construction and could be determined, the Court did not have all necessary undisputed facts to decide the Second and Third Questions (in particular whether "completion" of the Third-Party Buyout had occurred as defined in the SPA). Because the Second and Third Questions raised factual issues essential to the plaintiff's entitlement to payment, the court exercised its residual discretion not to determine any of the questions under O.14A and dismissed the application.
14 Sept 2021

WU TAK HUNG t/a VINCENT ENGINEERING v. LEE HOI t/a HOI KONG ENGINEERING CO

Citation

[2021] HKDC 1148
Court

District Court
Case number

DCCJ3572/2019

The court found on the balance of probabilities that the defendant received the 3rd Quotation by end April 2015, acted upon it (including handing over a cheque and instructing procurement), thereby forming a contract at HK$4,686,000; the plaintiff performed in accordance with that quotation and was not in repudiatory breach, entitling the plaintiff to the outstanding sum of HK$1,286,000 plus interest; the defendant's counterclaim was dismissed and the defendant was ordered to pay costs.