Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Waiver and notice

Legal area

Court

1 Dec 2010

4077571 CANADA INC. t/a KRISTOM CANADA v. PINE TRADING CO LTD

Citation

4077571 CANADA INC. t/a KRISTOM CANADA v. PINE TRADING CO LTD
Court

Court of First Instance
Case number

HCA1272/2006

CAD objectively meant payment before release of title documents; no binding oral agreement or implied term altering CAD was proved; plaintiff had given reasonable notice to revert to CAD; defendant refused delivery and thereby repudiated the contracts; plaintiff validly accepted repudiation and is entitled to damages of US$162,928.01 (or HKD equivalent).
10 Feb 1998

FUNG WAI LING AND ANOTHER v. CHEUK PUI YIN AVERIL AND ANOTHER

Citation

FUNG WAI LING AND ANOTHER v. CHEUK PUI YIN AVERIL AND ANOTHER
Court

Court of First Instance
Case number

HCMP2432/1997

The 1996 statutory declaration did not satisfy s5(4)(b) because the "material time" is the time of the transaction (the 1996 release) and a declaration made before that transaction cannot establish the statutory presumption; therefore requisitions remained unanswered on 23 June 1997, the purchasers validly refused completion and later rescinded without waiver, entitling them to return of the HK$232,000 deposit with interest and costs.