Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Settlement agreement breach

  • 27 Jun 2014

    SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

    Citation
    SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
    Court
    District Court
    Case number
    DCCJ2263/2013

    Relief from the sanction was granted because the plaintiff's failure to comply with the unless order was not intentional but due to solicitor's mistake (an extraneous cause), the fresh statement of claim cured the pleading defects and disclosed triable issues, the defendant failed to show any prejudice that could not be compensated by costs, and the Order 2 rule 5 factors and authorities support granting leave to file the fresh statement of claim subject to conditions and costs to the defendant.

  • 22 Mar 2000

    LA CHEMISE LACOSTE S.A. v. CROCODILE GARMENTS LTD.

    Citation
    LA CHEMISE LACOSTE S.A. v. CROCODILE GARMENTS LTD.
    Court
    Court of First Instance
    Case number
    HCA2401/1995

    The court upheld the plaintiff's entitlement to both mandatory and prohibitive relief under the Settlement Agreement, treated the parties' prior admissions as binding unless properly and justly resiled from (therefore declined to treat registration No.981996 differently without a proper application and factual enquiry), granted the plaintiff's proposed orders with a 14‑day compliance period and awarded costs to the plaintiff to be taxed if not agreed; applications on registration No.981996 and for stay of execution were left undecided to allow proper applications or agreement on undertakings.