CENTALINE PROPERTY AGENCY LTD. v. HOPRICH INTERNATIONAL INDUSTRIAL LTD.

CENTALINE PROPERTY AGENCY LTD. v. HOPRICH INTERNATIONAL INDUSTRIAL LTD.

It is not plain and obvious that the Plaintiff has no cause of action; on proper construction of clauses 8, 9 and 10 the Plaintiff may be entitled to liquidated damages rather than an earned commission where the Purchaser defaults, and the amendment to recognise the paid sum as a set off was correctly allowed; accordingly the appeal is dismissed.

Citation
CENTALINE PROPERTY AGENCY LTD. v. HOPRICH INTERNATIONAL INDUSTRIAL LTD.
Parties
Plaintiff (respondent): Centaline Property Agency Limited; Defendant (appellant): Hoprich International Industrial Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 1999
Case Number
HCA10312/1998
Procedural Posture
Civil Appeal (interlocutory) / Interlocutory Appeal From Master’s Decision; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Commission, Liquidated Damages, Strike Out, Amendment of Pleadings, Contract Interpretation, Costs
Source Language
EN
Contract Agency Property Civil Procedure Commission Liquidated Damages Strike Out Amendment of Pleadings +2 more

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Parties

Centaline Property Agency Limited

Plaintiff (respondent)

Hoprich International Industrial Limited

Defendant (appellant)

Procedural Posture

Civil Appeal (interlocutory) / Interlocutory Appeal From Master’s Decision; Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiff is entitled to commission despite non‑completion of sale
  2. 2 Whether the statement of claim should be struck out as plain and obvious
  3. 3 Whether amendment to recognise set off is permissible

Ratio Decidendi

It is not plain and obvious that the Plaintiff has no cause of action; on proper construction of clauses 8, 9 and 10 the Plaintiff may be entitled to liquidated damages rather than an earned commission where the Purchaser defaults, and the amendment to recognise the paid sum as a set off was correctly allowed; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Costs of the appeal to the Plaintiff to be taxed and paid forthwith.