24 Jun 2010
EAST EPOCH INTERNATIONAL LTD v. WONG POON TING
- Citation
- EAST EPOCH INTERNATIONAL LTD v. WONG POON TING
- Court
- Court of First Instance
- Case number
- HCA2783/2006
Plaintiff had validly tendered performance by delivering the balance cheque with the usual undertakings; the defendant as personal representative was liable for delay because the absence of letters of administration resulted from his own failure to obtain a limited grant; temporary impossibility does not excuse the estate where impossibility arises from the representative's fault; Bain v Fothergill does not limit liability in Hong Kong; accordingly defendant liable for damages for delay and damages to be assessed.