Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Severability of contracts

Legal area

Court

15 Oct 1998

CHEVALIER (HK) LTD. v. CHINLUCK LTD.

Citation

CHEVALIER (HK) LTD. v. CHINLUCK LTD.
Court

Court of First Instance
Case number

HCA12692/1997

The appeal was allowed because there were triable issues of fact and law—notably whether the sale and installation contracts formed one integrated contract or whether the installation contract had been varied or discharged—such that it was not appropriate to enter summary judgment; therefore the defendant was entitled to unconditional leave to defend and the summary judgment was set aside.
27 Jun 1983

SUN AND SUN INTERNATIONAL LTD v. CHI KEUNG FASHION CO (a firm) AND ANOTHER

Citation

SUN AND SUN INTERNATIONAL LTD v. CHI KEUNG FASHION CO (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCA1790/1983

The court found the defendants had raised a bona fide arguable pro tanto defence of total failure of consideration in part to the extent of $22,500 in respect of the alleged unmerchantable goods; accordingly the master's order was set aside in part, judgment for the plaintiff was limited to $6,500, and unconditional leave to defend was granted for $22,500, because the issue required fuller adjudication at trial and delay did not render the Order 14 application unfair.