JUNGLE HOLDINGS LTD v. FENTON ASSOCIATES LTD AND ANOTHER

JUNGLE HOLDINGS LTD v. FENTON ASSOCIATES LTD AND ANOTHER

On the evidence the court found Jungle/Cabirol failed to attend completion at the agreed venue (Fenton's office) and thus breached the PTA; the EAA on its face showed Cabirol contracted in his personal capacity so extrinsic evidence to the contrary was inadmissible and Cabirol was personally liable to Centaline for commission of $13,500.

Citation
JUNGLE HOLDINGS LTD v. FENTON ASSOCIATES LTD AND ANOTHER
Parties
Plaintiff (dccj 1099/2004): JUNGLE HOLDINGS LIMITED; 1st Defendant (dccj 1099/2004): FENTON ASSOCIATES LIMITED; 2nd Defendant (dccj 1099/2004) and Plaintiff (dccj 1100/2004): CENTALINE PROPERTY AGENCY LIMITED; Defendant (dccj 1100/2004): CABIROL, JEAN-LUC YVES
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 March 2006
Case Number
DCCJ1099/2004
Procedural Posture
Civil Contract/property (lease and Agency) / Judgment (district Court)
Outcome
Claims by Jungle dismissed; judgment entered for Cent aline against Cabirol for commission with interest; costs awarded to successful parties
Legal Topics
Provisional Tenancy Agreement (pta), Estate Agency Agreement (eaa), Breach of Contract, Agent's Personal Liability, Commission Entitlement
Source Language
EN
Contract Property Agency Law Civil Procedure Provisional Tenancy Agreement (pta) Estate Agency Agreement (eaa) Breach of Contract Agent's Personal Liability +1 more

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Parties

JUNGLE HOLDINGS LIMITED

Plaintiff (dccj 1099/2004)

FENTON ASSOCIATES LIMITED

1st Defendant (dccj 1099/2004)

CENTALINE PROPERTY AGENCY LIMITED

2nd Defendant (dccj 1099/2004) and Plaintiff (dccj 1100/2004)

CABIROL, JEAN-LUC YVES

Defendant (dccj 1100/2004)

Procedural Posture

Civil Contract/property (lease and Agency) / Judgment (district Court)

Legal Issues

  1. 1 Whether landlord or agent failed to attend completion on agreed date and therefore breached PTA
  2. 2 Whether estate agent breached duties to tenant by failing to take reasonable steps to complete transaction
  3. 3 Whether agent (Cabirol) signed EAA in personal capacity or as agent for company and is personally liable for commission

Ratio Decidendi

On the evidence the court found Jungle/Cabirol failed to attend completion at the agreed venue (Fenton's office) and thus breached the PTA; the EAA on its face showed Cabirol contracted in his personal capacity so extrinsic evidence to the contrary was inadmissible and Cabirol was personally liable to Centaline for commission of $13,500.

Court Disposition

Claims by Jungle dismissed; judgment entered for Cent aline against Cabirol for commission with interest; costs awarded to successful parties

Orders

  • DCCJ 1099/2004: Jungle's claim against Fenton dismissed
  • DCCJ 1099/2004: Jungle's claim against Centaline dismissed