LAI MING LAN v. SHING YIU MING formerly t/a YIU SHING CONSTRUCTION CO

LAI MING LAN v. SHING YIU MING formerly t/a YIU SHING CONSTRUCTION CO

Defendant failed to discharge the contractual obligation to notify the Plaintiff of the date and steps for completion after the premium was paid; Defendant's evidence of inability to contact Plaintiff was not credible given available contact details and attempted communications; therefore Plaintiff entitled to repayment of HK$414,000 with interest and costs and Defendant's counterclaim is dismissed.

Citation
LAI MING LAN v. SHING YIU MING formerly t/a YIU SHING CONSTRUCTION CO
Parties
Defendant: Yiu Shing (trading name)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 April 2009
Case Number
DCCJ2789/2007
Procedural Posture
Civil Contract Dispute — Sale of Land / Return of Deposit / Judgment at Trial (deputy District Judge)
Outcome
Judgment for the Plaintiff; Defendant's counterclaim dismissed
Legal Topics
Failure to Notify Completion, Return of Deposit, Assignment of Property, Proper Party/standing, Interest and Costs
Source Language
EN
Contract Property Civil Procedure Failure to Notify Completion Return of Deposit Assignment of Property Proper Party/standing Interest and Costs

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Parties

Yiu Shing (trading name)

Defendant

Procedural Posture

Civil Contract Dispute — Sale of Land / Return of Deposit / Judgment at Trial (deputy District Judge)

Legal Issues

  1. 1 Whether the Defendant failed to notify the Plaintiff of completion in accordance with the Agreement after all procedures (including payment of premium) were completed
  2. 2 Whether the Plaintiff sued the correct legal entity (naming trading name versus proprietor)
  3. 3 Whether the Plaintiff is entitled to repayment of HK$414,000 plus interest and costs

Ratio Decidendi

Defendant failed to discharge the contractual obligation to notify the Plaintiff of the date and steps for completion after the premium was paid; Defendant's evidence of inability to contact Plaintiff was not credible given available contact details and attempted communications; therefore Plaintiff entitled to repayment of HK$414,000 with interest and costs and Defendant's counterclaim is dismissed.

Court Disposition

Judgment for the Plaintiff; Defendant's counterclaim dismissed

Orders

  • Defendant to repay HK$414,000 to Plaintiff with interest at commercial rate (1% above prevailing prime) from date of the Writ (27 June 2007) until date of judgment and thereafter at judgment rate
  • Order nisi that costs of the action be paid by the Defendant to the Plaintiff with certificate for counsel, to be taxed if not agreed; costs order nisi to become absolute unless application to vary is made within 14 days