Law of Contract

Koo Ming Kwon v Next Media Limited & Ors

(17 February 2009): In a modern Carbolic Smoke Ball case, the 2nd Defendant Jimmy Lai Chee Ying (黎智英), a well known, pro-democracy Hong Kong media tycoon, made a public pledge to bear 50% of the advertisements which "arouse the democratic consciousness of Hong Kong people". The plaintiff took out advertisements in 15 newspaper at a cost of more than HK$1,100,000 (USD140,000) and demanded payment within 3 days.

Greenland Bank Limited (in liquidation) v American Express Bank Limited

(27 January 2009): "Riding two horses at the same time is always difficult enough: riding them when they are charging in opposite directions is an altogether remarkable feat, so let me begin by praising the skills of counsel for Amex, Mr David Wolfson, who with customary courtesy, cogency, and not a little charm, managed to stay in the saddle notwithstanding some hostile fire from at least this incredulous member of the court. He escapes all Swift's opprobrium. How did he manage it?"

Mirza v Mirza

(7 January 2009): "The family is now deeply fractured, with brother making allegations against brother, husband against (now former) wife, father against child, uncle against nephew and niece, and vice versa. As if this were not enough, a number of those allegations are of criminal activity, including tax evasion, social security fraud, domestic violence, dishonesty and drug smuggling, not all of which I can avoid having to consider during the course of my ruling."

Oriental Centre Investments Ltd & Anor v Societe Generale

In a robust judgment, the Singapore Court of Appeal rejected the appellants' argument that alleged pre-contractual representations could override express terms of dealing between the parties, including non-reliance clauses and disclaimers.

Massai Aviation Services v A-G of Bahamas

Privy council's judgement on maintenance and champerty.

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