Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Forfeiture of deposit (liquidated damages/penalty)
  • 31 Jul 2006

    WONG WAI KEUNG AND ANOTHER v. YING SHUDE AND OTHERS

    Citation
    WONG WAI KEUNG AND ANOTHER v. YING SHUDE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1209/2003

    The court held that the 2nd Agreement superseded the 1st Agreement and that clause 3 fixed the payment deadline at six months from the SPC approval dated 15 July 2002 (thus due by 15 January 2003); the 1st Defendants repudiated the 2nd Agreement by failing to pay HK$10,000,000 and RMB100,000, entitling the Plaintiffs to re-transfer of the 3rd Defendant's shares (re-transferred on 16 January 2003); the Final Agreement did not take immediate effect but obliged the parties to negotiate final terms by solicitors and the 1st Defendants repudiated that settlement by refusing to negotiate/execute th…