Hong Kong Case Law: Decisions & Judgments

Topic

Resale and mitigation

Legal area

Court

30 Sept 1999

SAMOVER CO. LTD. v. CHEUNG PUI CHING CATHEEN AND ANOTHER

Citation

SAMOVER CO. LTD. v. CHEUNG PUI CHING CATHEEN AND ANOTHER
Court

Court of First Instance
Case number

HCA22049/1998

Requisitions were adequately and timely answered and were frivolous when raised one working day before completion; defendants unjustifiably refused to complete; plaintiff validly accepted repudiation after reasonable negotiation period; Clause 17(3) is a valid contractual remedy (not a penalty); plaintiff entitled to recover deficiency on genuine resale within six months, with credit for forfeited deposit and set off of additional deposit; damages assessed at HKD 1,284,630 plus contract interest.
27 Aug 1999

FORD JOINT LTD. v. KEEN LLOYD (HOLDINGS) LTD.

Citation

FORD JOINT LTD. v. KEEN LLOYD (HOLDINGS) LTD.
Court

Court of First Instance
Case number

HCA21393/1998

The court held that the plaintiff validly accepted the defendant's repudiation on 4 December 1998; Clause 23 is not a penalty and does not displace the common law remedy for damages; there was no arguable defence that plaintiff had affirmed the contract by delay or waived the right to terminate; plaintiff entitled to declaration of termination, damages to be assessed and interim payment of HKD 12,506,870.79.
15 Jul 1999

TSAND SHEK TO AND ANOTHER v. NG LEE FOOK

Citation

TSAND SHEK TO AND ANOTHER v. NG LEE FOOK
Court

Court of First Instance
Case number

HCA12446/1998

Damages were assessed by deducting the resale price realized within a reasonable time (HK$3,600,000) from the contract price (HK$5,080,000) and adding reasonable resale expenses recoverable under clause 20(b); valuation evidence and the fact the resale occurred within two months justified using the HK$3,600,000 figure, yielding total damages of HK$1,033,000.
30 Apr 1999

YEUNG TAK MONG AND ANOTHR v. OR WING KEUNG

Citation

YEUNG TAK MONG AND ANOTHR v. OR WING KEUNG
Court

Court of First Instance
Case number

HCA7281/1998

Defendant repudiated the agreement by failing to complete; the plaintiffs properly mitigated by reselling the property at $2,980,000 which the court found reasonable on the evidence; plaintiffs entitled to damages of $1,759,264.06, interest at judgment rate from the date of judgment, and costs of the assessment.

Hong Kong Case Law

SAMOVER CO. LTD. v. CHEUNG PUI CHING CATHEEN AND ANOTHER

FORD JOINT LTD. v. KEEN LLOYD (HOLDINGS) LTD.

TSAND SHEK TO AND ANOTHER v. NG LEE FOOK

YEUNG TAK MONG AND ANOTHR v. OR WING KEUNG