Hong Kong Case Law: Decisions & Judgments

Topic

Cancellation agreement

Legal area

Court

10 Sept 2021

TANG KWOK CHEUNG (鄧國昌) and TANG FUK WO (鄧福和) as Managers of TANG TSUNG FUK TSO (鄧宗福祖) v. CITY WAVE DEVELOPMENT LTD

Citation

[2021] HKCFI 2695
Court

Court of First Instance
Case number

HCMP354/2021

The Completion Date had long passed, the purchaser had abandoned the agreement and had been dissolved, and there was no real prospect of specific performance; therefore the Agreement no longer affects the Lands and ceased to be registrable, entitling the court to exercise its inherent jurisdiction to vacate the registration and declare the Agreement no longer registrable.
29 Jun 2017

FAN KAI MING v. LAM SUSAN SHUI HING

Citation

FAN KAI MING v. LAM SUSAN SHUI HING
Court

District Court
Case number

DCCJ2037/2015

The court held that indemnity costs were not justified on Ground 1 because the plaintiff's claim raised an arguable point of construction and his conduct did not take the case out of the norm; however the statutory tender made by the defendant on 28 May 2015 qualified as a sanctioned payment under Order 22, the plaintiff could not beat it and therefore indemnity costs and enhanced interest under Order 22 r23(4)(a) and (b) were appropriate. The court varied the earlier costs order nisi: plaintiff to pay defendant's costs on an indemnity basis to be taxed with certificate for counsel and to pay…
16 Dec 2016

FAN KAI MING v. LAM SUSAN SHUI HING

Citation

FAN KAI MING v. LAM SUSAN SHUI HING
Court

District Court
Case number

DCCJ2037/2015

The Cancellation Agreement constituted a mutually performed accord and satisfaction that extinguished the Provisional Agreement on its formation; no term making time of the essence for the defendant's payment under clause 2 could be implied; the bounced cheque was a breach of the Cancellation Agreement only and did not amount to repudiation or revive the Provisional Agreement; plaintiff's claims for specific performance and damages in lieu were dismissed.
5 Mar 1999

KAREX (HONG KONG) LTD. v. FORTUNE TALENT DEVELOPMENT LTD. AND OTHERS

Citation

KAREX (HONG KONG) LTD. v. FORTUNE TALENT DEVELOPMENT LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA7422/1998

Agency claim against the 1st Defendant is struck out. The pleaded constructive trust claim is arguable and not struck out but, being a personal equitable remedy, it does not support registration as a lis pendens against the head vendor\'s land. The Plaintiff is not entitled to an equitable lien on the 1st Defendant\'s property because the intermediate purchaser\'s interest was terminated by the Cancellation Agreement; accordingly the lien claim against the 1st Defendant is struck out. The Master\'s order is varied and the writ registration vacated.

Hong Kong Case Law

TANG KWOK CHEUNG (鄧國昌) and TANG FUK WO (鄧福和) as Managers of TANG TSUNG FUK TSO (鄧宗福祖) v. CITY WAVE DEVELOPMENT LTD

FAN KAI MING v. LAM SUSAN SHUI HING

FAN KAI MING v. LAM SUSAN SHUI HING

KAREX (HONG KONG) LTD. v. FORTUNE TALENT DEVELOPMENT LTD. AND OTHERS