Hong Kong Case Law: Decisions & Judgments

Topic

Waiver by estoppel

Legal area

Court

30 Sept 2022

LING WAI HOI v. JETLAND GLOBAL INVESTMENTS LTD

Citation

[2022] HKCA 1457
Court

Court of Appeal
Case number

CACV6/2021

The applicant failed to establish a bona fide dispute on substantial grounds: the alleged Arrangement was inherently incredible and inconsistent with the express terms of the SPA; Ms Lee lacked authority to effect a deceptive modification binding Jetland; and the evidence for estoppel or fraudulent misrepresentation was insufficient. Consequently the statutory demand remains effective and the appeal is dismissed.
29 Jan 2018

RE FOOK HAU TRADING COMPANY (a firm)

Citation

[2018] HKCFI 165
Court

Court of First Instance
Case number

HCB6222/2016

The debtor failed to establish an estoppel because it did not comply with the alleged considerations (notably it did not vacate all five properties within the required short time and actively participated in sale of the fifth property), and its account is contradicted by contemporaneous documents and conduct (facility letters, demand letters, statutory demands, surrender letters and correspondence). Therefore there is no bona fide dispute on substantial grounds and the bankruptcy petition must succeed.
10 Sept 2014

HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

Citation

HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER
Court

Court of Final Appeal
Case number

FACV18/2013

The Deadweight Warranty was an effective express promissory warranty under s33 MIO; the insured vessel's deadweight breached that warranty; there was no cogent evidence the insurer had actual or legal presumed knowledge sufficient to negate the warranty or to ground rectification or waiver by estoppel; accordingly insurer was discharged and the appeal was dismissed.
11 May 2010

EUROPEAN ASIA (HONG KONG) INVESTMENT LTD v. WONG SHUN ON ANTHONY

Citation

EUROPEAN ASIA (HONG KONG) INVESTMENT LTD v. WONG SHUN ON ANTHONY
Court

Court of First Instance
Case number

HCA2431/2008

The 8 January 2008 letter amounted to a waiver (by representation acted upon) of the plaintiff's right to insist on completion on 28 January 2008 rather than a fixed extension to 28 July 2008; the defendant relied on that waiver by diligently pursuing letters of administration, so the plaintiff was bound and could not validly rescind by its 8 October 2008 letter; the defendant's 23 January 2009 60‑day notice to complete was reasonable, the plaintiff failed to complete by 24 March 2009, thereby repudiated the Agreement, and the defendant validly accepted repudiation and forfeited the deposit.
9 Nov 2009

AGGRESSIVE CONSTRUCTION CO LTD v. DATA-FORM ENGINEERING LTD

Citation

AGGRESSIVE CONSTRUCTION CO LTD v. DATA-FORM ENGINEERING LTD
Court

Court of First Instance
Case number

HCMP2151/2009

The judge correctly granted a stay in favour of arbitration because the defendant's contentions of repudiation, abandonment or waiver were without merit; a five months delay did not constitute repudiatory conduct and there was no reasonable prospect of success on appeal.
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

LING WAI HOI v. JETLAND GLOBAL INVESTMENTS LTD

RE FOOK HAU TRADING COMPANY (a firm)

HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

EUROPEAN ASIA (HONG KONG) INVESTMENT LTD v. WONG SHUN ON ANTHONY

AGGRESSIVE CONSTRUCTION CO LTD v. DATA-FORM ENGINEERING LTD

LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY