Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Residential properties (first-hand sales) ordinance cap 621

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.
25 Mar 2026

LAM CHUI SHAN AND ANOTHER v. MANFUL GLOBAL DEVELOPMENT LTD

Citation

[2026] HKDC 13
Court

District Court
Case number

DCCJ1264/2023

Plaintiffs breached the ASPs by failing to complete; Clause 17(1) of the ASPs only forfeited the initial deposit paid on signing PASP so 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; the Vendor is entitled to recover the proven price deficiency on 16E and specific resale expenses subject to mitigation and disallowance of items not within contemplation (notably agent commissions and speculative marketing allocations); net set-off results in Vendor owing Plaintiffs HK$125,943; no ord…