Hong Kong Case Law: Decisions & Judgments

Topic

Unpaid seller lien

Legal area

Court

9 Dec 2010

LEUNG WAN KEE SHIPYARD LTD v. DRAGON PEARL NIGHT CLUB RESTAURANT LTD AND ANOTHER

Citation

LEUNG WAN KEE SHIPYARD LTD v. DRAGON PEARL NIGHT CLUB RESTAURANT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1288/2010

On construction of the Agreement (CIF delivery, seller retention of risk and conditions including sea trials and delivery of documents), the court held property in the vessel remained with Leung Wan Kee until completion and delivery; Leung Wan Kee also possessed a common law and statutory lien (limited to the 5th instalment) which was not lost by its conduct; accordingly delivery/injunction and striking out applications failed and Dragon Pearl was allowed unconditional leave to defend the claim for unpaid instalments.
14 May 2004

1,2,3, PRINTING SERVICES LTD v. MAN SANG ENVELOPE MANUFACTURING CO LTD

Citation

1,2,3, PRINTING SERVICES LTD v. MAN SANG ENVELOPE MANUFACTURING CO LTD
Court

Court of First Instance
Case number

HCA3804/2001

Printing Services was not entitled to cancel the Settlement Agreement or the subsequent sales orders because Man Sang was an unpaid seller entitled to retain goods pending payment; Printing Services had not performed conditions precedent (notably failing to supply all films) and could not rely on an unsigned Master Agreement; the Finnish paper supply was subject to set-off against the posters order and Printing Services could not recover tracing paper costs, therefore Man Sang was entitled to the sums awarded.

Hong Kong Case Law

LEUNG WAN KEE SHIPYARD LTD v. DRAGON PEARL NIGHT CLUB RESTAURANT LTD AND ANOTHER

1,2,3, PRINTING SERVICES LTD v. MAN SANG ENVELOPE MANUFACTURING CO LTD