Hong Kong Case Law: Decisions & Judgments

Topic

Failure to complete

Legal area

Court

14 Oct 2011

ELSUN LTD v. CHIN MARGARET

Citation

ELSUN LTD v. CHIN MARGARET
Court

District Court
Case number

DCCJ361/2008

Because the vendor (Chin) wilfully refused or neglected to comply with the specific performance order and related directions and thereby stood as a trustee of the property for the purchaser, the court exercised its power under O.45 r.8 and sections 45 and 49 of the Trustee Ordinance to permit the purchaser to redeem the legal charge, lodge the certified remainder in court and vest the legal and beneficial estate in the purchaser.
16 Jul 1998

HARMONY FIT CO LTD AND ANOTHER v. FAIRCAL LTD

Citation

HARMONY FIT CO LTD AND ANOTHER v. FAIRCAL LTD
Court

Court of First Instance
Case number

HCA13040/1997

The court found plaintiffs did not fail to mitigate because defendant's revised terms materially differed (longer completion and reduced deposits), fixed the market value of the flat at HKD 10,000,000 for loss calculation after assessing expert evidence, accepted the solicitors' bills as reasonable proof of wasted legal costs, and awarded damages to first plaintiff of HKD 2,538,819.58 with interest and specified costs order.
14 Feb 1984

SHUN YING HING ELLEN v. FAR EAST REAL ESTATE & AGENCY (HK) LTD

Citation

SHUN YING HING ELLEN v. FAR EAST REAL ESTATE & AGENCY (HK) LTD
Court

Court of First Instance
Case number

HCA10664/1982

For the purpose of clause 3(iii)(b) the vendor's exclusion by approved amendments of the recreational club building and the swimming pool—both expressly included in the recital definition of 'the said buildings'—amounts to a failure to complete 'the said buildings', entitling the purchaser to rescind, repayment of sums paid with interest and a lien over the vendor's interest including costs.
3 Feb 1975

PANASIA FILMS LIMITED v. TAK CHEONG & COMPANY (A FIRM)

Citation

PANASIA FILMS LIMITED v. TAK CHEONG & COMPANY (A FIRM)
Court

Court of First Instance
Case number

HCA3882/1973

Court accepted plaintiff's evidence that defendant's workmanship and coordination were below contractual standard, awarded cost of rectification and loss of use where proved, disallowed unproven items (notably alleged carpet loss) and allowed specific extra works proven in defendant's counterclaim, resulting in net judgment for plaintiff of $47,574.

Hong Kong Case Law

ELSUN LTD v. CHIN MARGARET

HARMONY FIT CO LTD AND ANOTHER v. FAIRCAL LTD

SHUN YING HING ELLEN v. FAR EAST REAL ESTATE & AGENCY (HK) LTD

PANASIA FILMS LIMITED v. TAK CHEONG & COMPANY (A FIRM)