ORIENTAL SHARP LTD v. HONG KONG HOUSING AUTHORITY AND ANOTHER

ORIENTAL SHARP LTD v. HONG KONG HOUSING AUTHORITY AND ANOTHER

Special Condition 24(a)(ii)II applied to the 946 defaults so Oriental Sharp was entitled only to the guaranteed sum ($15,000 per sq. m.) accounted for with reference to deposits; cancellation agreements did not negate the applicability of the Special Conditions or alter third‑party rights; the tort claim failed for...

Source-derived case information.

Citation
ORIENTAL SHARP LTD v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Parties
Plaintiff: Oriental Sharp Limited; 1st Defendant: Hong Kong Housing Authority; 2nd Defendant: Secretary for Justice
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 January 2008
Case Number
CACV426/2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From HCA No. 8794 of 2000
Outcome
Appeal dismissed
Legal Topics
Private Sector Participation Scheme (psps), Conditions of Sale (special Conditions 24 and 26), Forfeited Deposits, Nomination Fees, Interpretation of Contractual Clauses, Inducement to Breach Contract / Wrongful Interference
Source Language
en
Contract Law Tort (economic Torts) Property Law Administrative Law Private Sector Participation Scheme (psps) Conditions of Sale (special Conditions 24 and 26) Forfeited Deposits Nomination Fees +2 more

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Parties

Oriental Sharp Limited

Plaintiff

Hong Kong Housing Authority

1st Defendant

Secretary for Justice

2nd Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From HCA No. 8794 of 2000

Legal Issues

  1. 1 Whether plaintiff entitled to retain forfeited deposits in addition to guaranteed sum under Conditions of Sale (Special Condition 24 and 26)
  2. 2 Whether the Housing Authority wrongfully induced 28 purchasers to breach their sale and purchase agreements

Ratio Decidendi

Special Condition 24(a)(ii)II applied to the 946 defaults so Oriental Sharp was entitled only to the guaranteed sum ($15,000 per sq. m.) accounted for with reference to deposits; cancellation agreements did not negate the applicability of the Special Conditions or alter third‑party rights; the tort claim failed for lack of causation and no wrongful interference, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to 1st Defendant (order nisi)