Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sale of uncompleted property
  • 14 Aug 2006

    CHEUNG WAI KING v. LUK NGAI LING IRENE

    Citation
    CHEUNG WAI KING v. LUK NGAI LING IRENE
    Court
    Court of First Instance
    Case number
    HCA905/2004

    The court held plaintiffs wrongfully repudiated the contracts in 2001. No enforceable oral one‑year completion term was proved and, in any event, any oral promise would be unenforceable under s3(1) CPO. No term that completion occur within a reasonable time was to be implied given the known requirement for government approvals; the implied obligation to exercise due and reasonable diligence was not breached because the defendant reasonably pursued private EVA options and then the government road and submitted proposals promptly when draft plans became available; the EVA imposition did not fru…