CHEUNG CHING PING STEPHEN v. ALLCOM LTD

CHEUNG CHING PING STEPHEN v. ALLCOM LTD

Time was of the essence in the PSP; the vendor repudiated by failing to complete on 19 August 2008 due to lack of requisite government consents; the purchaser did not waive that breach by correspondence or conduct; there were no reasonably arguable triable issues raised to defeat summary judgment; judgment was...

Source-derived case information.

Citation
CHEUNG CHING PING STEPHEN v. ALLCOM LTD
Parties
Plaintiff: Cheung Ching Ping Stephen; Defendant: Allcom Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2009
Case Number
HCA2208/2008
Procedural Posture
Contract Sale and Purchase of Property / Summary Judgment (order 14) Hearing and Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Time of the Essence, Waiver, Repudiation, Deposits Forfeiture, Specific Performance, Government Consents, Deed of Mutual Covenant
Source Language
en
Contract Property Civil Procedure Time of the Essence Waiver Repudiation Deposits Forfeiture Specific Performance +2 more

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Parties

Cheung Ching Ping Stephen

Plaintiff

Allcom Limited

Defendant

Procedural Posture

Contract Sale and Purchase of Property / Summary Judgment (order 14) Hearing and Judgment

Legal Issues

  1. 1 Whether time was of the essence such that completion on 19 August 2008 was an essential term
  2. 2 Whether the vendor repudiated the contract by failing to complete on the due date
  3. 3 Whether the purchaser waived the vendor's breach by conduct or correspondence

Ratio Decidendi

Time was of the essence in the PSP; the vendor repudiated by failing to complete on 19 August 2008 due to lack of requisite government consents; the purchaser did not waive that breach by correspondence or conduct; there were no reasonably arguable triable issues raised to defeat summary judgment; judgment was therefore entered for the purchaser for return of deposits and liquidated damages, with interest and costs to be addressed further.

Court Disposition

Judgment for Plaintiff

Orders

  • Judgment for the Plaintiff in terms of paragraphs 1 to 5 of the summons (return of deposits and liquidated damages as claimed)
  • Parties to file written submissions on interest: Plaintiff within 14 days; Defendant to reply within 14 days thereafter