Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Resale deficiency damages

Legal area

Court

25 Mar 2026

LAM CHUI SHAN AND ANOTHER v. MANFUL GLOBAL DEVELOPMENT LTD

Citation

[2026] HKDC 13
Court

District Court
Case number

DCCJ1263/2023

Purchasers breached the ASPs by failing to complete; the ASPs' clause 17 only permitted forfeiture of the initial PASP deposit such that the Vendor wrongfully withheld the second and third deposits and must return them; clause 17(2) does not preclude the Vendor from electing common law damages, and the Vendor is entitled to recover a measured price deficiency for 16E and permitted resale expenses subject to mitigation and reasonableness, resulting in specified recoveries and an overall net entitlement to the Purchasers of HKD125,943.00.
15 Mar 2001

GIANT RICHES LTD. v. KU KWOK KWAN

Citation

GIANT RICHES LTD. v. KU KWOK KWAN
Court

Court of First Instance
Case number

HCA14349/2000

Plaintiff validly terminated the agreement and forfeited 10% of the purchase price; resale price is accepted as market value; damages are measured as contract price less resale price less deposits (HK$916,600); plaintiff entitled to recover agency fees (HK$32,355), legal costs (HK$19,500), contractual interest of HK$15,303.53 from breach to termination, and commercial interest on the deficient sum at prime from 12 January 1999 to date of judgment; judgment interest thereafter; Order Nisi for costs granted for assessment hearing.