LAM CHING YEE AND ANOTHER v. LAM MAN KWONG AND ANOTHER

LAM CHING YEE AND ANOTHER v. LAM MAN KWONG AND ANOTHER

Plaintiffs' claim for rescission was refused because the court found on the evidence that the plaintiffs acquiesced in the defendant's delays despite those delays being caused by the defendant; instead the court awarded interest on the purchase monies from the contractual completion date to the date plaintiff signalled willingness to complete and awarded rent/profits from that later date, and ordered completion within 28 days.

Citation
LAM CHING YEE AND ANOTHER v. LAM MAN KWONG AND ANOTHER
Parties
1st Plaintiff: Lam Ching Yee; 2nd Plaintiff: Tong Man Hung; 1st Defendant: Lam Man Kwong; 2nd Defendant: Luen Fat Company (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 1985
Case Number
HCA6211/1983
Procedural Posture
Rescission and Specific Performance Dispute Arising From Contract for Sale of Land / Judgment Delivered After Hearing
Outcome
Rescission refused; judgment for plaintiffs for interest and for monthly rent/profits; order for completion within 28 days; costs to plaintiffs on claim; no order as to costs on counterclaim; liberty to apply as to sums.
Legal Topics
Rescission, Specific Performance, Interest, Misrepresentation, Secret Profit, Delay of Completion, Rent and Profits
Source Language
EN
Contract Property Equity Rescission Specific Performance Interest Misrepresentation Secret Profit +2 more

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Parties

Lam Ching Yee

1st Plaintiff

Tong Man Hung

2nd Plaintiff

Lam Man Kwong

1st Defendant

Luen Fat Company (a firm)

2nd Defendant

Procedural Posture

Rescission and Specific Performance Dispute Arising From Contract for Sale of Land / Judgment Delivered After Hearing

Legal Issues

  1. 1 Whether plaintiffs entitled to rescind contract for sale of land due to defendant's conduct and delays
  2. 2 Whether defendant's repeated delays amounted to repudiation allowing rescission though time was not made of the essence
  3. 3 Entitlement to interest on purchase monies and appropriate rate

Ratio Decidendi

Plaintiffs' claim for rescission was refused because the court found on the evidence that the plaintiffs acquiesced in the defendant's delays despite those delays being caused by the defendant; instead the court awarded interest on the purchase monies from the contractual completion date to the date plaintiff signalled willingness to complete and awarded rent/profits from that later date, and ordered completion within 28 days.

Court Disposition

Rescission refused; judgment for plaintiffs for interest and for monthly rent/profits; order for completion within 28 days; costs to plaintiffs on claim; no order as to costs on counterclaim; liberty to apply as to sums.

Orders

  • Award interest on HK$80,000 from 29 April 1979 to 27 April 1983 at 1% above the prime rate in operation from time to time between those dates
  • Award HK$200 per month from 27 April 1983 until completion takes place