CHENG CHEUK LEUNG v. FONG SHIK YEE

CHENG CHEUK LEUNG v. FONG SHIK YEE

The defendant wrongfully repudiated the sale agreement; the plaintiff is entitled to damages in lieu of specific performance assessed at the date the claim became abortive (4 January 2008) equal to market value on that date (HKD 3,700,000) less the contract price (HKD 2,500,000) totaling HKD 1,200,000, plus interest at 8% p.a. from 4 January 2008 until payment and costs to the plaintiff.

Citation
CHENG CHEUK LEUNG v. FONG SHIK YEE
Parties
Purchaser: Unnamed Plaintiff (purchaser); Vendor: Fong Shik Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2008
Case Number
HCMP1505/2007
Procedural Posture
Vendor and Purchaser Summons (specific Performance/damages) / Final Judgment
Outcome
Declaration that defendant wrongfully repudiated the Agreement; judgment for plaintiff for damages in lieu.
Legal Topics
Specific Performance, Damages in Lieu, Repudiation, Measure of Damages, Mareva Injunction
Source Language
EN
Conveyancing Contract Civil Procedure Remedies Specific Performance Damages in Lieu Repudiation Measure of Damages +1 more

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Parties

Unnamed Plaintiff (purchaser)

Purchaser

Fong Shik Yee

Vendor

Procedural Posture

Vendor and Purchaser Summons (specific Performance/damages) / Final Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to specific performance or damages in lieu after sale of property by mortgagee
  2. 2 Proper date and measure for assessment of damages in lieu
  3. 3 Whether defendant wrongfully repudiated the agreement

Ratio Decidendi

The defendant wrongfully repudiated the sale agreement; the plaintiff is entitled to damages in lieu of specific performance assessed at the date the claim became abortive (4 January 2008) equal to market value on that date (HKD 3,700,000) less the contract price (HKD 2,500,000) totaling HKD 1,200,000, plus interest at 8% p.a. from 4 January 2008 until payment and costs to the plaintiff.

Court Disposition

Declaration that defendant wrongfully repudiated the Agreement; judgment for plaintiff for damages in lieu.

Orders

  • Declaration that the defendant wrongfully repudiated the Agreement for Sale and Purchase dated 8 August 2006 as supplemented on 29 August 2006.
  • Judgment for the plaintiff in the sum of HKD 1,200,000 as damages in lieu of specific performance.