Hong Kong Case Law: Decisions & Judgments

Topic

Waiver by election

Legal area

Court

16 Dec 2022

HAPPY FISH CO LTD v. TANG JEB MING

Citation

[2022] HKCFI 3767
Court

Court of First Instance
Case number

HCA1209/2016

Court held delay alone did not amount to repudiation because there was no fixed completion date and plaintiffs had affirmed the contracts despite delay; however, Tang effected an outright sale of the lots to Wong in May 2016 (no credible evidence of a nominee/temporary arrangement) which demonstrated an intention not to perform and amounted to repudiation; damages awarded accordingly with interest from the contractual completion date; costs to follow the event subject to limited disallowances.
29 Sept 2017

KO HON YUE v. CHIU PIK YUK, the wife and intended administratrix of LIU CHING LEUNG AND OTHERS

Citation

KO HON YUE v. CHIU PIK YUK, the wife and intended administratrix of LIU CHING LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA3494/2003

The court found the defendants had grounds that could have justified summary dismissal for the plaintiff's grave and persistent teaching failures, but the defendants elected to terminate by payment in lieu of notice and thereby waived the right to rely on summary dismissal; further, termination under clause 56(g) was not lawful because Appendix 17 procedures (formal warnings and notice) were not followed; accordingly the plaintiff was wrongfully terminated and damages were assessed at HKD 354,081.80.
24 Jan 2017

FAST FAMOUS CORPORATION LTD v. LEE CHUN PONG BRUCE

Citation

FAST FAMOUS CORPORATION LTD v. LEE CHUN PONG BRUCE
Court

Court of First Instance
Case number

HCMP3177/2016

The defendant failed to prove waiver or estoppel. Time was of the essence; the defendant did not pay the balance due on 29 August 2016 and his cheque was dishonoured. Plaintiffs validly accepted the repudiation and terminated the PSPAs by notice. The subsequent representation/clearing of the cheque and the later tender of a cashier order did not reinstate or affirm the agreements absent clear and unequivocal communication of waiver or acceptance. The court therefore exercised its inherent jurisdiction to vacate the registrations and made a costs order nisi in favour of the plaintiffs.
24 Jan 2017

FAST HAPPY LTD v. LEE CHUN PONG BRUCE

Citation

FAST HAPPY LTD v. LEE CHUN PONG BRUCE
Court

Court of First Instance
Case number

HCMP3176/2016

Defendant failed to prove waiver or estoppel; plaintiffs validly accepted the defendant's repudiatory breach triggered by failure to pay the balance and dishonour of the cheque, and having validly terminated the PSPAs the court exercises its inherent jurisdiction to vacate the registrations of the PSPAs from the Land Registry.
29 Nov 2006

HOME ESSENTIALS (HK) LTD v. JOHN McLENNAN

Citation

HOME ESSENTIALS (HK) LTD v. JOHN McLENNAN
Court

District Court
Case number

DCCJ943/2003

The Employment Contract was not signed by the defendant and did not reflect the parties' true verbal agreement; the court found on the evidence that the employer had consented to the defendant continuing limited individual design work so long as it did not interfere with his duties; therefore there was no breach of fiduciary duty requiring an account of profits and the plaintiff's claim was dismissed. Separately the defendant proved unpaid wages, bonus and expenses (less amounts received) and recovered HK$107,463.68; the defendant gave no valid notice so the plaintiff recovered one month's wa…
25 Nov 2002

LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY

Citation

LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY
Court

Court of Appeal
Case number

CACV145/2002

The Court allowed the appeal because the Purchaser had not unequivocally elected to affirm the contract and had not waived its right to rescind for defective title; the Vendor had expressly undertaken in the contract (Clause 13) to give good title and could not rely on prior knowledge or the addendum, and by answering the late requisition substantively the Vendor waived reliance on the contractual time bar, entitling the Purchaser to repayment of deposits with interest and a lien.

Hong Kong Case Law

HAPPY FISH CO LTD v. TANG JEB MING

KO HON YUE v. CHIU PIK YUK, the wife and intended administratrix of LIU CHING LEUNG AND OTHERS

FAST FAMOUS CORPORATION LTD v. LEE CHUN PONG BRUCE

FAST HAPPY LTD v. LEE CHUN PONG BRUCE

HOME ESSENTIALS (HK) LTD v. JOHN McLENNAN

LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY