Hong Kong Case Law: Decisions & Judgments

Topic

Terms of contract

Legal area

Court

18 Feb 2008

SUNBO CONTRACTS LTD v. LI YIM CHIU t/a CHIEF WAI ENGINEERING CO

Citation

SUNBO CONTRACTS LTD v. LI YIM CHIU t/a CHIEF WAI ENGINEERING CO
Court

District Court
Case number

DCCJ2520/2006

The court found no proved collateral term requiring CA117 compliance or certificates, concluded the evidence did not establish that the fabrics were defective or unmerchantable, accepted that a one-off HK$80,000 commission deduction applied to the first contract only, awarded Sunbo the remaining balance of HK$141,500 with interest, dismissed Chief Wai's counterclaim and granted costs to Sunbo on the stated terms.
25 Aug 1999

LO KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER

Citation

LO KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER
Court

Court of First Instance
Case number

HCA8631/1999

Because there were substantial and genuine disputes of fact as to existence, terms and performance of the alleged oral agreement, the court held that the matter could not be resolved on an Order 86 summary judgment application and granted defendants unconditional leave to defend; costs to be costs in the cause.
14 Feb 1980

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE

Citation

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE
Court

Court of First Instance
Case number

HCSA9/1979

The tribunal's finding that there was no express oral promise is decisive and cannot be impeached on the record; the brochure's terms reasonably led to an expectation of one room for the family and the adjudicator erred in failing to warn the appellants that the absent mother's evidence was necessary, producing inadequate evidence to decide the oral promise issue; the matter must be retried by another adjudicator.

Hong Kong Case Law

SUNBO CONTRACTS LTD v. LI YIM CHIU t/a CHIEF WAI ENGINEERING CO

LO KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE