Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rescission of agreement

Legal area

Court

25 Feb 1997

KING PROSPER TRADING LTD v. TENBASE TRADING LTD

Citation

KING PROSPER TRADING LTD v. TENBASE TRADING LTD
Court

Court of First Instance
Case number

HCA263/1996

The correspondence culminating in the Plaintiff's 12 February letter enclosing a consent order constituted unconditional acceptance of the Defendant's counter-offer and thereby created a binding settlement agreement; the alleged later rescission was not established; the court should exercise its discretion to stay proceedings but may impose terms to secure performance, accordingly the action is stayed on condition that the Defendant pays HK$1,530,000 into court and an order nisi is made for costs in favour of the Defendant.
24 Feb 1989

LAM KIN I v. TSUI MING YEE

Citation

LAM KIN I v. TSUI MING YEE
Court

Court of First Instance
Case number

HCMP361/1989

Where there is a material discrepancy between two signatures purporting to be the same person, the vendor must produce proper conveyancing evidence (for example a statutory declaration by the signatory or other competent witness) to provide 'reasonable proof' of identity; circumstantial evidence alone was insufficient, therefore the purchaser's objections to title were not satisfactorily answered and the purchaser was entitled to rescind the agreement and recover costs.