Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver and release

  • 24 Feb 2010

    GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI SECURITIES LTD

    Citation
    GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI SECURITIES LTD
    Court
    Court of Appeal
    Case number
    CACV161/2009

    The Court of Appeal held that the Transfer Contract taken with the contemporaneous Deed of Waiver (a deed executed under seal) operated to release SHK from the claims asserted by the 1st and 2nd plaintiffs and to transfer any interest SHK had to LPI, such that the 2nd plaintiff had assumed the relevant rights and liabilities and the 1st plaintiff (as nominator/through agency) was bound by the deed; accordingly the claims of the 1st and 2nd plaintiffs were struck out, with liberty to apply to amend within 21 days, and costs were ordered nisi in favour of the defendant against the 1st and 2nd p…

  • 27 Oct 2000

    Re Ming Fung Bullion Co. Ltd.

    Citation
    Re Ming Fung Bullion Co. Ltd.
    Court
    Court of First Instance
    Case number
    HCCW364/1998

    The appellant failed to prove on the balance of probabilities that the alleged HK$800,000 was a real cash deposit; the liquidators' documentary records demonstrated the entries were cheque movements not banked cash; the appellant signed a release accepting the adjudication and therefore cannot pursue further claims; accordingly the liquidators' adjudication awarding HK$95,578.84 was correct and the appeal is dismissed.