Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Land premium liability

Legal area

Court

21 May 2009

TSANG CHUN WAI v. HING LUNG HOLDINGS LTD AND ANOTHER

Citation

TSANG CHUN WAI v. HING LUNG HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA624/2007

Court found Lee was a party to the Agreement (document and Power of Attorney established agency); Clause (4), read objectively, imposes the land premium obligation on the vendor (defendants) despite deletion of a monetary figure; defendants therefore liable to pay the premium; specific performance ordered; damages for loss of rental value assessed at HKD 18,000 per month from 1 June 2007 until completion, to be deducted from the balance payable by Tsang; costs to plaintiff to be taxed if not agreed.
13 Nov 2007

MANDECLY LTD AND ANOTHER v. HAO WEI AND OTHERS

Citation

MANDECLY LTD AND ANOTHER v. HAO WEI AND OTHERS
Court

Court of Appeal
Case number

CACV347/2006

The Court of Appeal will not overturn the trial judge's credibility-based factual conclusions absent a plain error; on the evidence the trial judge was entitled to accept plaintiffs' account of the oral agreement, the verification exercise and reject the defendants' non-disclosure and tax allegations; the defendants failed to satisfy Ladd v Marshall criteria for adducing new evidence on appeal; accordingly the appeal is dismissed and the trial orders are upheld.