Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Notice to remedy

Legal area

Court

15 Jun 2001

KINGPOINT PROFITS LTD. AND ANOTHER v. LEE SHING YUE CONSTRUCTION CO. LTD. AND ANOTHER

Citation

KINGPOINT PROFITS LTD. AND ANOTHER v. LEE SHING YUE CONSTRUCTION CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA13906/1998

Clause 17 did not expire automatically at the end of the 10‑day period; non‑compliance made the contract voidable at LSY's option. LSY waived the 10‑day deadline but not the substantive requirements, gave CT reasonable time and thereafter made time of the essence by its 2 July letter; CT still failed to comply with clause 17(i) and (ii) and LSY's repudiation/termination by letter dated 14 July 1998 was lawful.
17 Dec 1948

TSANG KAU, PROPRIETOR OF THE KAM LING CONSTRUCTION CO v. TSOI TAI LEUNG

Citation

TSANG KAU, PROPRIETOR OF THE KAM LING CONSTRUCTION CO v. TSOI TAI LEUNG
Court

Court of First Instance
Case number

HCA39/1946

Court found plaintiff did not abandon the contract and had substantially performed; Dakin v. Lee applied so plaintiff was entitled to recover the contract balance less deduction for defects estimated by the architect at HKD 3,000; defendant was not entitled to deduct or recover sums paid to other contractors absent satisfactory proof and notice; result: judgment for plaintiff for HKD 1,501.20 and for defendant on the counterclaim for HKD 449.50.