17 Nov 2004
LAM SHUN KWAN v. CHIEFART INVESTMENTS LTD
- Citation
- LAM SHUN KWAN v. CHIEFART INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCA9240/1999
On the admissible factual matrix the court preferred the plaintiff's and agents evidence that both parties intended the tenancy to start on 1 February 1999 (or at latest 1 April 1999); the defendants 14 October 1998 position that possession would not be available until October 1999 amounted to repudiation and entitled the plaintiff to damages equal to double the initial deposit under clause 9, the sum being a genuine pre-estimate and not a penalty; claims for stamp duty and late stamping penalty were not recoverable and were dismissed.