YUEN HO YIN AND ANOTHER v. SHEK CHI LUN KITTY
Liability had been finally determined in favour of the Plaintiffs; on assessment the court accepted the Plaintiffs' evidence and awarded damages of $176,302.86 but excluded the agent fee claim abandoned by Plaintiffs' counsel; the Defendant was ordered to pay that sum with interest from 30 March 2007 and to pay...
Source-derived case information.
- Citation
- YUEN HO YIN AND ANOTHER v. SHEK CHI LUN KITTY
- Parties
- 1st Plaintiff: Yuen Ho Yin; 2nd Plaintiff: Leung Pui Yan; Defendant: Shek Chi Lun Kitty
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 12 March 2009
- Case Number
- DCCJ1502/2007
- Procedural Posture
- Civil Action Sale and Purchase Contract (property) / Assessment of Damages (post Liability Judgment)
- Outcome
- Judgment for Plaintiffs for assessed damages and costs
- Legal Topics
- Breach of Contract, Assessment of Damages, Interest on Judgment, Costs Taxation, Failure to Complete Sale and Purchase
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yuen Ho Yin
1st Plaintiff
Leung Pui Yan
2nd Plaintiff
Shek Chi Lun Kitty
Defendant
Procedural Posture
Civil Action Sale and Purchase Contract (property) / Assessment of Damages (post Liability Judgment)
Legal Issues
- 1 Whether Defendant breached the contract by failing to complete the purchase of the Property
- 2 Quantum of damages payable to Plaintiffs for the breach
- 3 Whether claimed agent fee of $20,500 was recoverable
Ratio Decidendi
Liability had been finally determined in favour of the Plaintiffs; on assessment the court accepted the Plaintiffs' evidence and awarded damages of $176,302.86 but excluded the agent fee claim abandoned by Plaintiffs' counsel; the Defendant was ordered to pay that sum with interest from 30 March 2007 and to pay costs of the assessment to be taxed with certificate for counsel.
Court Disposition
Judgment for Plaintiffs for assessed damages and costs
Orders
- Defendant to pay Plaintiffs the sum of 176302.86 HKD within 14 days from the date of judgment
- Interest on the sum at the applicable rate to commence from 30 March 2007 until satisfaction
Full Case Text
Judgment text and source record
1 paragraphs
bjbj DCCJ1502/2007 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO. 1502 OF 2007 BETWEEN YUEN HO YIN 1st Plaintiff LEUNG PUI YAN 2nd Plaintiff and SHEK CHI LUN KITTY Defendant Before: H H Judge Chow in Court Date of Hearing: 12 March 2009 Date of Judgment: 12 March 2009 J U D G M E N T In this action, the Plaintiffs claim against the Defendant for various damages because the Defendant failed to complete the purchase of the Plaintiffs property known as Flat F, 14th Floor together with balcony of Block 7, Metro Harbour View, No. 8, Fuk Lee Street, Kowloon ( the Property ). Final and interlocutory judgment on liability was entered for the Plaintiffs against the Defendant on 11 May 2007. The present proceedings are to be conducted for the purpose of assessing the Plaintiffs damages due to the Defendant s breach of contract to complete the purchase of the Property. The completion date for the sale and purchase of the Property was postponed to 20 October 2006, but the Defendant failed to complete the purchase. On 22 November 2006, the Plaintiffs entered into a provisional agreement for the sale and purchase of the Property with a new buyer. Paragraph 11 of the statement of claim is supported by evidence given by Mr Yuen Ho-yin, one of the Plaintiffs in this case. But the Plaintiffs counsel abandoned the (b) item relating to the agent fee in the sum of $20,500. I therefore exclude this item when I assess the damages for the Plaintiffs. The total damages assessed by me in favour of the Plaintiffs is in the sum of $176,302.86. I order that the Defendant do pay, within 14 days from today, the sum of $176,302.86 with interest thereon commencing from 30 March 2007 until satisfaction. (Discussion re costs) The Defendant do pay costs to the Plaintiffs in respect of the proceedings relating to the assessment of damages, to be taxed, if not agreed, with certificate for counsel. (Chow) District Court Judge Mr Tim Wong, instructed by T K Cheng & Co., for both Plaintiffs Defendant, in person, absent PAGE - PAGE CRT7/12.3.2009/SC DCCJ1502/2007/Judgment A B C D E F G H I J K L M N O P Q R S T U V A B C D E F G H I J K L M N O P Q R S T U V A B C D E F G H I J K L M N O P Q R S T U V A B C D E F G H I J K L M N O P Q R S T U V &`#$ Normal.dot setup Microsoft Word 9.0 :ab :ab Title Microsoft Word Document MSWordDoc Word.Document.8