PLUS LUCKY LTD. v. CHIN YUK LUN FRANCIS AND ANOTHER

PLUS LUCKY LTD. v. CHIN YUK LUN FRANCIS AND ANOTHER

Plaintiff failed to tender payment in accordance with completion requirements because originals of the cashier orders were not produced for inspection, constituting breach; accordingly defendants were entitled to judgment on their counterclaim for damages calculated as the contract-resale price difference plus specified wasted costs and interest less deposit.

Citation
PLUS LUCKY LTD. v. CHIN YUK LUN FRANCIS AND ANOTHER
Parties
Plaintiff: Plus Lucky Limited; 1st Defendant: Chin Yuk Lun Francis; 2nd Defendant: Chan Mee Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2001
Case Number
HCA4645/1998
Procedural Posture
Civil Contract (sale and Purchase of Property) / Judgment (court of First Instance)
Outcome
Plaintiff's claim dismissed; judgment for defendants on counterclaim for $4,345,855.42; order nisi for costs to be taxed and paid by plaintiff.
Legal Topics
Completion, Formal Completion, Payment by Cashier Order, Breach of Contract, Measure of Damages, Counterclaim, Wasted Costs, Mortgage Discharge
Source Language
EN
Contract Conveyancing Property Law Remedies/damages Completion Formal Completion Payment by Cashier Order Breach of Contract +4 more

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Parties

Plus Lucky Limited

Plaintiff

Chin Yuk Lun Francis

1st Defendant

Chan Mee Yee

2nd Defendant

Procedural Posture

Civil Contract (sale and Purchase of Property) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether purchaser tendered payment in accordance with the formal completion requirements
  2. 2 Whether photocopies of cashier orders sufficed for the vendors to verify payment and permit completion
  3. 3 Whether the purchaser repudiated the contract by failing to tender proper payment

Ratio Decidendi

Plaintiff failed to tender payment in accordance with completion requirements because originals of the cashier orders were not produced for inspection, constituting breach; accordingly defendants were entitled to judgment on their counterclaim for damages calculated as the contract-resale price difference plus specified wasted costs and interest less deposit.

Court Disposition

Plaintiff's claim dismissed; judgment for defendants on counterclaim for $4,345,855.42; order nisi for costs to be taxed and paid by plaintiff.

Orders

  • Dismissal of the plaintiff's claim
  • Judgment for the defendants on their counterclaim for $4,345,855.42