18 Jun 2013
LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG
- Citation
- LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG
- Court
- District Court
- Case number
- DCCJ3232/2010
There was a latent water leakage at the premises existing before completion which constituted an encumbrance that the vendor failed to disclose; therefore the vendor did not show good title and repudiated the provisional agreement; the plaintiffs had paid both deposits (HK$130,000 and HK$120,000); clause 8(2), providing an amount equal to the deposit (10% of purchase price) as compensation, is a valid liquidated damages clause and not a penalty; accordingly the vendor must repay the deposits (HK$250,000) and pay liquidated damages of HK$250,000, resulting in judgment for plaintiffs totaling H…