Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Termination and forfeiture of deposit

  • 29 Nov 2024

    ABERDEEN RESTAURANT ENTERPRIESES LTD v. GAIN PREMIUM HOLDINGS LTD

    Citation
    [2024] HKCFI 3368
    Court
    Court of First Instance
    Case number
    HCA2092/2017

    Defendant breached Conditions 26(b)(ii) (failure to stamp and deliver Certified Copy Presented Agreement) and 7(a) (failure to pay balance on completion); Condition 21 gave vendor the contractual right to terminate on such breaches and vendor did not waive that right by subsequent correspondence; Conditions 18 and 23(b) excluded purchaser's right to raise requisitions as to disclosed tenancies and title in respect of debenture-holder contractual rights which were personal/licence rights of a proprietary club and not registered proprietary interests; market value at valuation date 31 May 2017…

    • Termination and forfeiture of deposit
    • Waiver and election
    • Vendor's duty to show and give title
    • Conditions of sale by tender
    • Debentures and proprietary/contractual rights of club members
    • Proprietary estoppel

  • 12 Nov 2008

    LAI KE BIN v. CAPITAL PROJECT DEVELOPMENT LTD

    Citation
    LAI KE BIN v. CAPITAL PROJECT DEVELOPMENT LTD
    Court
    Court of First Instance
    Case number
    HCMP791/2008

    Vendor's replies did not satisfactorily answer the requisition by the completion date because they failed to address the purchaser's legitimate point and caused a misapprehension that required clarification; therefore purchaser was not in breach, vendor's termination on 15 January 2008 was invalid; although the court has jurisdiction under s12 CPO to order specific performance, purchaser failed to prove current readiness and ability to complete, so specific performance is refused and alternative relief awarded.

    • Specific performance
    • Requisitions as to title
    • Termination and forfeiture of deposit
    • Waiver and election
    • Damages in lieu of specific performance
    • Equitable lien

  • 21 Dec 1998

    PAUL CHEN AND ANOTHER v. LORD ENERGY LTD.

    Citation
    PAUL CHEN AND ANOTHER v. LORD ENERGY LTD.
    Court
    Court of Final Appeal
    Case number
    FACV11/1998

    The vendor failed to show good legal title by not producing the certified copy of the registered letter attaching the carpark layout plans and by failing to prove compliance with the Conditions of Exchange (no certificate under s.14(3) and no other documentary proof); accordingly the vendor was in breach and could not lawfully terminate the contract, the purchaser lawfully sued for specific performance accepting title as is, and the appeal was dismissed.

    • Specific performance
    • Title to land
    • Requisitions on title
    • Conveyancing and property ordinance s.14(3)
    • Conditions of exchange
    • Termination and forfeiture of deposit