Hong Kong Case Law: Decisions & Judgments

Topic

Withholding payment

Legal area

Court

15 May 2020

YEUNG KIU YING v. FAIRWOOD FAST FOOD LTD t/a FAIRWOOD

Citation

[2020] HKDC 293
Court

District Court
Case number

DCPI2016/2015

The notice of sanctioned payment dated 23 May 2016 complied with Order 22 Rule 8 and was valid on its own; accordingly Order 22 Rule 23 applies because the plaintiff failed to obtain a judgment better than that sanctioned payment, but due to the defendant's unreasonable and opportunistic contesting of liability the court declined indemnity costs and instead ordered that plaintiff recover costs up to 20 June 2016 on a party and party basis and that the plaintiff pay the defendant's costs incurred after 20 June 2016 on a party and party basis, with enhanced interest at 1% above judgment rate on…
30 Jul 2015

IGNACIO VUELTA MARTINEZ v. ELLITH INTERNATIONAL LTD

Citation

IGNACIO VUELTA MARTINEZ v. ELLITH INTERNATIONAL LTD
Court

District Court
Case number

DCCJ3802/2013

The court decided that the compliance conditions and salary declaration conditions were not fundamental conditions nor conditions precedent to payment but warranties; there was no evidence the defendant lawfully exercised any contractual power to withhold salary for taxation, so the defendant could not rely on non-compliance to avoid payment; plaintiff entitled to judgment with interest and assessed costs and disbursements.
16 Nov 2009

JOTRON AS (formerly t/a JOTRON ELECTRONICS AS) v. STANLEY CHANG t/a HONG KONG INSTECH TRADING CO

Citation

JOTRON AS (formerly t/a JOTRON ELECTRONICS AS) v. STANLEY CHANG t/a HONG KONG INSTECH TRADING CO
Court

District Court
Case number

DCCJ3369/2009

The court held that the Defendant's admissions entitled the Plaintiff to judgment only for the sum specifically admitted (NOK 253,432). The Plaintiff failed to establish by affidavit the alleged agreement entitling it to claim an additional NOK 29,500 and NOK 10,000 because there was no admission by the Defendant of those sums and no adequate evidence of the agreement; accordingly the application under O.27 r.3 was dismissed insofar as it related to the two additional sums.
24 Oct 2003

ASIA PRINTING EQUIPMENT CO LTD v. MANY-PRINT PACKAGING & PRINTING LTD

Citation

ASIA PRINTING EQUIPMENT CO LTD v. MANY-PRINT PACKAGING & PRINTING LTD
Court

Court of First Instance
Case number

HCA9331/1997

The contract made the balance payable by 25 January 1997 and did not entitle the buyer to withhold the 30% pending installation or testing; the defendant failed to prove a pre-existing or continuing defect preventing proper performance; plaintiff carried out repairs and independent testing and expert evidence established acceptable quality; accordingly plaintiff was entitled to judgment for the balance, interest and costs and the defendant's counterclaim was dismissed.
12 May 2000

CROWN WORLDWIDE (HK) LTD. v. PHILIP ALEXANDER DEMPSTER STRATTON

Citation

CROWN WORLDWIDE (HK) LTD. v. PHILIP ALEXANDER DEMPSTER STRATTON
Court

Court of First Instance
Case number

HCA10272/1996

Defendant was liable to pay the invoiced amounts except for limited concessions (redelivery deferred, certain small deductions) because he failed to timely and properly dispute the charges; plaintiff was entitled to retain goods under a bailee's lien; judgment entered for plaintiff for the claimed sum with interest and payment out of funds in court and costs nisi.

Hong Kong Case Law

YEUNG KIU YING v. FAIRWOOD FAST FOOD LTD t/a FAIRWOOD

IGNACIO VUELTA MARTINEZ v. ELLITH INTERNATIONAL LTD

JOTRON AS (formerly t/a JOTRON ELECTRONICS AS) v. STANLEY CHANG t/a HONG KONG INSTECH TRADING CO

ASIA PRINTING EQUIPMENT CO LTD v. MANY-PRINT PACKAGING & PRINTING LTD

CROWN WORLDWIDE (HK) LTD. v. PHILIP ALEXANDER DEMPSTER STRATTON