Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver fees

  • 31 Dec 2012

    CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD

    Citation
    CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCA1374/2011

    The court ordered limited disclosure: unless the defendant admits in writing within 14 days that waiver fees were recorded as expenses in its audited reports (admission admissible at trial), the defendant must file an affidavit disclosing its audited financial reports limited to the parts showing the register/treatment of the waiver fees for the period 1 Aug 2005 to 31 Jul 2011 (updated unaudited report allowed), because those entries are relevant and necessary to enable a fair determination of competing oral agreement accounts and the disclosure is proportionate and confined to avoid a fishi…

  • 11 Dec 2012

    CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD

    Citation
    CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCA1374/2011

    The registrar allowed the amendments because the proposed particulars sufficiently pleaded material facts under Order 18 r7, the defendants could rely on section 32A to treat a pre‑incorporation oral agreement as binding on the company after incorporation, the factual disputes require trial rather than dismissal at pleading stage, and the alleged cause of action for refund accrued after the defendants decided not to purchase (post‑August 2011) so limitation did not bar the claim.

  • 16 Sept 2010

    DAILY WIN DEVELOPMENT LTD v. LIU CHIN HSIANG t/a SUM KEE TRANSPORTATION CO

    Citation
    DAILY WIN DEVELOPMENT LTD v. LIU CHIN HSIANG t/a SUM KEE TRANSPORTATION CO
    Court
    Court of First Instance
    Case number
    HCA1382/2008

    The defendant is contractually liable to reimburse the plaintiff for the waiver fee assessed by the Government because the Licence clauses 3(a), 3(c) and 5(c) placed responsibility for government rent, rates and waiver fees on the occupier and required indemnity; plaintiff properly paid the Government demand to avoid enforcement and is entitled to recover the sum paid minus the waiver fee deposit held; the defendant's agency, misrepresentation, concealment and abandonment arguments fail to relieve him of liability.