Hong Kong Case Law: Decisions & Judgments

Topic

Acceptance of repudiation

Legal area

Court

20 Aug 2024

CONCENTRIC FUND (HK) LTD v. FU WAI INDUSTRIAL COMPANY LTD

Citation

[2024] HKCFI 2121
Court

Court of First Instance
Case number

HCA2660/2018

On objective analysis of contemporaneous documents and testimony the plaintiff unequivocally ceased operations, misrepresented sales and withheld defendant's entitlements; those acts constituted repudiatory breaches which the defendant validly accepted (by letter of 13 June 2018 and by pleading), entitling the defendant to termination and damages of HK$470,000; the Agreement is to be construed as obliging payment to Cai or as the defendant shall direct such that the defendant can recover the sum.
22 Nov 2023

CHAN KA MAN v. SINTAT TAXI AGENCY LTD

Citation

[2023] HKDC 1634
Court

District Court
Case number

DCCJ3768/2020

The Court found the defendant breached Clause 7(A) by failing to deliver the License by the Due Date; the plaintiff's non‑submission of the Requisite Documents was not a repudiatory breach and, in any event, the defendant waived enforcement by its subsequent conduct and course of dealing; clause 7(C) entitled the plaintiff to accept repudiation and recover the Paid Sum; accordingly judgment was entered for the plaintiff for RMB250,000 with interest and the defendant's counterclaim was dismissed.
18 Nov 2022

HO SUNG MING v. CHU KA WAI WALTER

Citation

[2022] HKDC 1300
Court

District Court
Case number

DCCJ1702/2019

Court found a tripartite oral agreement made on 27 May 2018 evidenced in part by the Defendant's signed Letter of Undertaking requiring transfer of 20% (200 shares) within 14 days of cheque clearance; Defendant's prolonged silence, delay and conduct amounted to a repudiatory breach which the Plaintiff accepted by conduct and words; accordingly Plaintiff entitled to damages of HK$1,000,000 plus interest and costs.
9 Oct 2019

EASTERN CULTURE INTERNATIONAL LTD v. STAR RAISE HOLDINGS LTD AND ANOTHER

Citation

[2019] HKCFI 2398
Court

Court of First Instance
Case number

HCA1928/2017

The court concluded that the plaintiff's conduct amounted to a repudiation of the agreement which was validly accepted by the 1st defendant; accordingly the contract was treated as terminated and the plaintiff was not entitled to specific performance under the agreement.
18 Sept 2017

BONDS GROUP CO LTD v. KWAN DANIEL AND OTHERS

Citation

BONDS GROUP CO LTD v. KWAN DANIEL AND OTHERS
Court

Court of First Instance
Case number

HCA1861/2017

On the evidence the Letter of Intent was at the latest terminated by the plaintiff's clear acceptance of the defendants' repudiation by letter dated 5 June 2017; consequently there was no subsisting contract capable of specific performance and no serious issue to be tried on that claim, so the interlocutory application for injunctions was dismissed.
12 May 2017

朱國輝對鄧輝

Citation

朱國輝對鄧輝
Court

District Court
Case number

DCCJ3768/2015

Court found the oral agreement included a promise by Defendant to develop operable fire-resistant windows; Defendant failed to perform and did not pursue development, constituting a repudiatory breach and total failure of the basis for Plaintiff's payment; Plaintiff validly accepted repudiation and is entitled to restitution of RMB100,000 (or equivalent HK$) plus costs.
16 Dec 2016

IPSON RENOVATION LTD v. THE INCORPORATED OWNERS OF CONNIE TOWERS

Citation

IPSON RENOVATION LTD v. THE INCORPORATED OWNERS OF CONNIE TOWERS
Court

Court of First Instance
Case number

HCCT26/2014

The IO's instruction to suspend works indefinitely without indicating entitlement to extensions or compensation, combined with the IO's insistence on omitting material items and reducing the contract sum, amounted to a repudiatory breach of the lump sum contract; the contractor validly accepted that repudiation by the 19 July 2013 solicitors' letter and, at latest, by the 13 September 2013 notice of arbitration, terminating the contract and absolving the contractor from obligations to resume; the IO's counterclaim failed.
12 Jun 2012

ZHENG CHULIN v. WO KEE HONG KONG INDUSTRIAL LTD

Citation

ZHENG CHULIN v. WO KEE HONG KONG INDUSTRIAL LTD
Court

Court of Appeal
Case number

CACV56/2012

On an objective and proper reading the pleaded claims for return of monies and particularised losses were inconsistent with the subsistence of the contract and constituted clear and unequivocal acceptance of the defendant's repudiation; therefore the proposed amendment to add claims for specific performance was not maintainable and was disallowed, and the judge's order allowing the amendments was set aside.
13 Feb 2012

SO SIU YUNG v. CHAN TSAN TAK

Citation

SO SIU YUNG v. CHAN TSAN TAK
Court

Court of First Instance
Case number

HCMP1516/2011

The court held the purchaser's conduct and correspondence, taken in context (demanding return of deposit multiple times, returning title deeds without examination, and conduct indicating intention to terminate), amounted to acceptance of the vendor's repudiatory breach; the reservation of rights did not preserve the purchaser's right to specific performance, so the contract was rescinded and the purchaser was entitled only to damages as assessed by the court.
27 Jan 2012

ZHENG CHULIN v. WO KEE HONG KONG INDUSTRIAL LTD

Citation

ZHENG CHULIN v. WO KEE HONG KONG INDUSTRIAL LTD
Court

District Court
Case number

DCCJ2581/2010

The Statement of Claim, taken as a whole including Paragraph 26 claiming alternative damages for delay, is equivocal as to whether the Plaintiff accepted the Defendant's repudiation; therefore the appeal had no reasonable prospects of success and leave to appeal was refused.