Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Concurrent performance

  • 8 Nov 2007

    LAU SUK CHING PEGGY v. MA HING LAM AND OTHERS

    Citation
    LAU SUK CHING PEGGY v. MA HING LAM AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV360/2006

    Clause 3 of the Minutes granted an option which had to be exercised strictly by tendering the purchase price on or before 28 September 2004; the plaintiff did not tender payment or validly exercise the option by that date, therefore no contract for sale arose and the claim for specific performance fails; the respondents' notice succeeds and the plaintiff's appeal is dismissed.

  • 25 Aug 2006

    LAU SUK CHING PEGGY v. MA HING LAM AND OTHERS

    Citation
    LAU SUK CHING PEGGY v. MA HING LAM AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2408/2004

    The Minutes were admissible and the Option was supported by consideration. The Date in the Minutes was a completion date; negotiations marked 'subject to contract' did not produce a binding extension and no estoppel arose. Both parties failed to complete but the contract remained on foot with a reasonable time substituted (three weeks). The plaintiff failed to prove she would have been able to complete within that reasonable period (insufficient credible evidence of financing); accordingly specific performance was refused and only nominal damages awarded. The defendant Multi Capital succeeded…