Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Construction of contractual 'escape' clauses
  • 15 Sept 2014

    KONG KING ONG ALEXANDER v. KAN HEUNG WING AND ANOTHER

    Citation
    KONG KING ONG ALEXANDER v. KAN HEUNG WING AND ANOTHER
    Court
    District Court
    Case number
    DCCJ3724/2008

    Leave to amend was granted in large part because the damages claim was properly pleaded as an alternative where specific performance became impossible and did not amount to an inconsistent plea; conversely the double deposit claim (seeking twice the total deposits) was disallowed because, on proper construction of clause 7(3) and absent a plea for rectification, the claim was unarguable and raised a hopeless case. Other disputed paragraphs were allowed because they were not so defective as to be useless and the proceedings were at an early stage where particulars and discovery could remedy la…