Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repudiation (anticipatory breach)
  • 18 Sept 1995

    LEUNG HOI v. MA KOON SIK and Another

    Citation
    LEUNG HOI v. MA KOON SIK and Another
    Court
    Court of First Instance
    Case number
    HCA3054/1992

    The court found a concluded agreement existed on 18 March 1992 evidenced by agreed terms, drafts and the parties' subsequent conduct; the 2nd Defendant did not consent or authorise the sale and was not present, so was dismissed; the 1st Defendant repudiated by conduct and did not take steps to obtain the 2nd Defendant's consent, breaching the contract and impliedly warranting authority; the Plaintiff did not accept repudiation and remained ready and willing to perform; specific performance against the 2nd Defendant was inappropriate but the Plaintiff was entitled to damages against the 1st De…