HO CHI KEUNG AND ANOTHER v. YIP LAI PING ELIZABETH

HO CHI KEUNG AND ANOTHER v. YIP LAI PING ELIZABETH

Where time for payment of the initial deposit was of the essence the purchasers' cheque failing to be met on first presentment (27 October 2003) was a repudiatory breach; the vendor validly accepted that repudiation and lawfully terminated the Agreement; consequently the plaintiffs' claims are dismissed and the...

Source-derived case information.

Citation
HO CHI KEUNG AND ANOTHER v. YIP LAI PING ELIZABETH
Parties
1st Plaintiff: Ho Chi Keung; 2nd Plaintiff: Tsui Shui Ping; Defendant: Yip Lai Ping Elizabeth
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 October 2004
Case Number
DCCJ7062/2003
Procedural Posture
Civil Action Sale and Purchase of Property (breach of Contract) / Judgment (district Court)
Outcome
Plaintiffs' claims dismissed; judgment entered for Defendant on counterclaim; declaration that the Agreement was terminated
Legal Topics
Breach of Contract, Repudiation, Time of the Essence, Cheque Dishonour, Forfeiture of Deposit, Agency Commission, Stamp Duty
Source Language
en
Contract Property Civil Litigation Breach of Contract Repudiation Time of the Essence Cheque Dishonour Forfeiture of Deposit +2 more

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Parties

Ho Chi Keung

1st Plaintiff

Tsui Shui Ping

2nd Plaintiff

Yip Lai Ping Elizabeth

Defendant

Procedural Posture

Civil Action Sale and Purchase of Property (breach of Contract) / Judgment (district Court)

Legal Issues

  1. 1 Whether the purchasers' dishonoured cheque constituted a repudiatory breach
  2. 2 Whether the vendor accepted the alleged repudiation or repudiated the Agreement herself
  3. 3 Whether performance could be tendered after first presentment where time was of the essence

Ratio Decidendi

Where time for payment of the initial deposit was of the essence the purchasers' cheque failing to be met on first presentment (27 October 2003) was a repudiatory breach; the vendor validly accepted that repudiation and lawfully terminated the Agreement; consequently the plaintiffs' claims are dismissed and the vendor is entitled to a declaration that the Agreement is terminated; no substantive damages awarded and costs ordered.

Court Disposition

Plaintiffs' claims dismissed; judgment entered for Defendant on counterclaim; declaration that the Agreement was terminated

Orders

  • Plaintiffs' claims dismissed
  • Judgment for Defendant on counterclaim and declaration that the Agreement is terminated