SAM NICKOLAS DAVID HING CHEONG v. LOWE EDWIN RYAN

SAM NICKOLAS DAVID HING CHEONG v. LOWE EDWIN RYAN

Defendant repudiated and by expressly abandoning contributions while property was in negative equity and by conduct was estopped from asserting a continued beneficial interest; damages for the breach are assessed by reference to market value at date of acceptance of repudiation (24 August 2009); the initial monetary claim was partly liquidated and capable of arithmetic ascertainment while the loss from negative equity required inquiry and must be the subject of assessment.

Citation
SAM NICKOLAS DAVID HING CHEONG v. LOWE EDWIN RYAN
Parties
Plaintiff: SAM NICKOLAS DAVID HING CHEONG; Defendant: LOWE EDWIN RYAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 September 2010
Case Number
DCCJ4846/2009
Procedural Posture
Civil Action Contract/joint Venture (district Court) / Appeal From Master's Summary Judgment
Outcome
Appeal allowed in part and dismissed in part; leave to appeal out of time granted; final judgment varied and interlocutory judgment ordered for part of claim; amendment summons dismissed; costs orders made nisi.
Legal Topics
Joint Venture, Repudiation, Summary Judgment, Damages Assessment, Beneficial Interest, Partition, Leave to Appeal Out of Time, Costs
Source Language
EN
Contract Property Equity Civil Procedure Joint Venture Repudiation Summary Judgment Damages Assessment +4 more

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Parties

SAM NICKOLAS DAVID HING CHEONG

Plaintiff

LOWE EDWIN RYAN

Defendant

Procedural Posture

Civil Action Contract/joint Venture (district Court) / Appeal From Master's Summary Judgment

Legal Issues

  1. 1 Whether the defendant retains any beneficial interest in the property after repudiation and termination of the joint‑venture agreement
  2. 2 Whether damages should be assessed by reference to market value at date of acceptance of repudiation or later market movements
  3. 3 Whether final judgment for fixed sums was appropriate or interlocutory judgment for damages to be assessed was required

Ratio Decidendi

Defendant repudiated and by expressly abandoning contributions while property was in negative equity and by conduct was estopped from asserting a continued beneficial interest; damages for the breach are assessed by reference to market value at date of acceptance of repudiation (24 August 2009); the initial monetary claim was partly liquidated and capable of arithmetic ascertainment while the loss from negative equity required inquiry and must be the subject of assessment.

Court Disposition

Appeal allowed in part and dismissed in part; leave to appeal out of time granted; final judgment varied and interlocutory judgment ordered for part of claim; amendment summons dismissed; costs orders made nisi.

Orders

  • Final judgment against the Defendant in the sum of 71311 HKD with interest at 8% per annum from 13 November 2009 to date and thereafter at judgment rate until payment
  • Leave granted to the Defendant to defend the claim in respect of the Defendant's share of the HKMC compulsory insurance premium