← All Authorities
Hong Kong
rectificationmistakeinterpretation
Swire Properties Ltd v Secretary for Justice
Secretary for Justice v Swire Properties Ltd (2003) 6 HKCFAR 236 (FACV 13/2002)
Key Principle
Rectification for common mistake requires proof that the parties had a continuing common intention, on a point distinct from the written terms, together with an outward expression of accord, which the executed document failed by mistake to record; rectification is judged objectively by reference to what was communicated between the parties, not their uncommunicated subjective beliefs.
Area of Law
contract
Related Cases