Hong Kong Case Law: Decisions & Judgments

Topic

Void for uncertainty

Legal area

Court

26 Jun 2020

RE THE GERMAN SWISS INTERNATIONAL SCHOOL ASSOCIATION LTD

Citation

[2020] HKCFI 1341
Court

Court of First Instance
Case number

HCMP424/2020

The Company qualifies as a "club" under s2 of the Race Discrimination Ordinance because it is a non-profit association whose purposes fall within the genus of "other lawful purposes"; accordingly s36 applies and Articles 47.2, 63 and 68 impose unjustified racial discrimination contrary to s4(1)(b) and are void under s81; Article 68 is also void for uncertainty; Article 94 cannot give the German Government veto rights over amendments and is inconsistent with statutory member rights.
21 Sept 2018

CHAN WAN CHUEN SNAKY also known as CHAN WAN CHUEN v. EXPRESS TOURIST BUS CO LTD AND OTHERS

Citation

[2018] HKCFI 2107
Court

Court of First Instance
Case number

HCA1875/2015

Extrinsic evidence of the alleged representation is admissible to challenge the validity of the Co-operation Agreement, but on an objective construction the Agreement’s terms indicate the parties intended to be immediately bound; given the factual disputes the strike out application is inappropriate and the matter must proceed for full hearing.
25 Jul 2014

FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIONAL CHINESE NOODLE

Citation

FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIONAL CHINESE NOODLE
Court

Court of First Instance
Case number

HCMP1373/2014

The Court refused leave to appeal because the proposed grounds had no reasonable prospect of success under s11AA(6); on the merits the tenancy was properly construed in its factual matrix as relating to the airspace of Cockloft C without a floor slab with an express obligation to reinstate on termination, and an order for delivery up of vacant possession of that airspace was valid and enforceable; costs were assessed and reduced to HKD 35,000.
16 Aug 1978

ANSTALT NYBRO v. HONG KONG RESORT CO LTD

Citation

ANSTALT NYBRO v. HONG KONG RESORT CO LTD
Court

Court of Appeal
Case number

CACV45/1978

The appeal was dismissed: the Option Agreement could not be upheld as enforceable in the form presented because the parties failed to provide for or agree Articles of Association for the companies to be formed, creating fatal uncertainty as to the corporate machinery central to the venture; additionally, on the facts and given the radical change in HKR's management and plans, specific performance would not be a realistic remedy and damages would be adequate, so the agreement did not in practice affect the land for registration purposes and the registry entries were properly vacated.

Hong Kong Case Law

RE THE GERMAN SWISS INTERNATIONAL SCHOOL ASSOCIATION LTD

CHAN WAN CHUEN SNAKY also known as CHAN WAN CHUEN v. EXPRESS TOURIST BUS CO LTD AND OTHERS

FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIONAL CHINESE NOODLE

ANSTALT NYBRO v. HONG KONG RESORT CO LTD