Hong Kong Case Law: Decisions & Judgments

Topic

Service agreement

Legal area

Court

22 May 2024

TDC CAPITAL SOLUTION LTD v. WONG SUNG KING DOROTHY AND OTHERS

Citation

[2024] HKCFI 1373
Court

Court of First Instance
Case number

HCA1598/2022

The SOC was demurrable because it failed to plead how the SPAs, which materially differed from the Conditions in the Service Agreement, satisfied those Conditions or otherwise triggered the Service Fee; however the plaintiff's alternative construction of the contract was not bound to fail and therefore the proper remedy was to strike out the SOC with leave to amend rather than dismiss the action.
1 Sept 2021

KWOK TAK WAI t/a PRIME SOLUTION CONSULTING CO v. WONG KA SEK

Citation

[2021] HKCFI 2529
Court

Court of First Instance
Case number

HCA1254/2020

The O14 Summons was dismissed because the defendant raised bona fide triable issues as to the true nature of the plaintiff's contractual duties, what occurred at the 19 November 2018 meeting (including alleged termination and transitional arrangements), and which party breached the agreements; these disputes require trial scrutiny and cross‑examination, so summary judgment was inappropriate; defendant granted unconditional leave to defend and costs were ordered against the plaintiff.
21 Sept 2020

RE HO LONG MAN

Citation

[2020] HKCFI 2510
Court

Court of First Instance
Case number

HCB7556/2019

The financing payments became immediately repayable under the contractual provisions on termination; the debtor neither paid nor filed evidence or appeared to dispute the debt after a statutory demand, therefore there was no defence and the court made the usual bankruptcy order with costs.
29 Feb 2016

MANPOWER SERVICES (HONG KONG) LTD v. YBF GROUP LTD

Citation

MANPOWER SERVICES (HONG KONG) LTD v. YBF GROUP LTD
Court

District Court
Case number

DCCJ3962/2012

Plaintiff's claim dismissed because there is no contractual mechanism to require direct return of Monthly Drawings and Manpower failed to prove the expenses it alleged (internal Profit & Loss statements were unreliable and unsupported); defendant's counterclaim dismissed because Monthly Drawings are not absolute entitlements and must be offset against Service Fee and there was no reliable evidence of Service Fee entitlement or quantifiable loss; both parties unsuccessful and no order as to costs (order nisi).
25 Jun 2015

RICOH HONG KONG LTD v. WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD

Citation

RICOH HONG KONG LTD v. WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD
Court

District Court
Case number

DCCJ2454/2013

The Agreements were service (printing) agreements; defendant repudiated/failed to pay invoices while continuing to use the machines; defendant failed to prove allegations of fraud or breach of implied duties and failed to call witnesses so adverse inferences were warranted; plaintiff entitled to judgment for outstanding sums totalling HK$72,020.40, contractual interest and indemnity costs and to repossession of the machines within 14 days.
9 Jan 2014

HO KWOK KEI v. A S WATSON GROUP (HK) LTD

Citation

HO KWOK KEI v. A S WATSON GROUP (HK) LTD
Court

District Court
Case number

DCMP3016/2013

The court ordered disclosure of the entire service agreement because it is directly relevant and likely to be relied on by the defendant to establish independent contractor status, which would affect plaintiff's claim; other document categories were dismissed because the plaintiff elected not to proceed with one, the defendant affirmed non-possession of insurance documents subject to identification of the source, and the motor insurance policy was not shown to cover an injury sustained while the stationary vehicle's tailgate was being handled and thus did not arise out of use of the vehicle o…
19 Nov 2009

MRS. MURAD AND OTHERS v. COMMISSIONER OF INLAND REVENUE

Citation

MRS. MURAD AND OTHERS v. COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCIA1/2009

The taxed sums were paid pursuant to assured entitlements in the service agreement (and acknowledged in the separation agreement), not as consideration for surrender or damages; therefore they were emoluments arising from employment and assessable under s.8/ s.9 Cap.112.
14 Jun 2002

SINCERE SECURITIES LTD. v. LI MOU TONG, VINCENT

Citation

SINCERE SECURITIES LTD. v. LI MOU TONG, VINCENT
Court

Court of Appeal
Case number

CACV2177/2001

The appeal was allowed because the plaintiff's evidence as to formation and existence of a written indemnity term was inconsistent and unreliable, producing genuine triable issues (including lack of consideration and duress) which precluded disposal by summary judgment; accordingly the defendant was entitled to unconditional leave to defend.
19 Dec 1995

KORRIGAN ELECTRONICS LIMITED v. THE OFFICIAL SOLICITOR appointed by the Order of Master Cheung dated the 2nd day of December 1993 to represent the estate of TAM CHUNG SHING (Deceased)

Citation

KORRIGAN ELECTRONICS LIMITED v. THE OFFICIAL SOLICITOR appointed by the Order of Master Cheung dated the 2nd day of December 1993 to represent the estate of TAM CHUNG SHING (Deceased)
Court

Court of First Instance
Case number

HCA6503/1993

The court held that clause 4(5) of the Loan Agreement operated when the deceased ceased to be managing director on 8 March 1993, the $7,500,000 loan had not been repaid because no dividend was declared and the proviso to clause 3(2) did not operate; the share purchase price was at par ($1 per share) on the auditor's valuation approach and was fully set off by the unpaid loan, entitling ACDL and ACLL to the 7,500,000 shares; separate claims by SECL and KEL succeeded in the stated amounts with interest; the Registrar was appointed to execute transfer forms on behalf of the deceased's estate; co…
19 Dec 1995

STARLIGHT ELECTRONICS COMPANY LIMITED v. THE OFFICIAL SOLICITOR appointed by the Order of Master Cheung dated the 2nd day of December 1993 to represent the estate of TAM CHUNG SHING (Deceased)

Citation

STARLIGHT ELECTRONICS COMPANY LIMITED v. THE OFFICIAL SOLICITOR appointed by the Order of Master Cheung dated the 2nd day of December 1993 to represent the estate of TAM CHUNG SHING (Deceased)
Court

Court of First Instance
Case number

HCA6502/1993

The court held that (1) the deceased ceased to be managing director on 8 March 1993 which triggered clause 4(5) and deemed notice to sell; (2) no part of the $7.5m loan had been repaid because no declared dividend had been made and the proviso to clause 3(2) did not operate; (3) the share price was par ($1 per share) given the auditor's valuation methodology; (4) plaintiffs ACDL and ACLL are beneficial owners of the 7,500,000 shares as of 8 March 1993 and the Registrar is appointed to execute necessary transfers on behalf of the deceased's estate; (5) plaintiffs SECL and KEL are entitled to j…