Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Agency commission indemnity
  • 22 May 1998

    WISE UNICORN DEVELOPMENT LTD. v. KWEK BUCK NOI

    Citation
    WISE UNICORN DEVELOPMENT LTD. v. KWEK BUCK NOI
    Court
    Court of First Instance
    Case number
    HCA194/1997

    Clause 13, as signed and read objectively, imposed personal liability on the Defendant; there was no misrepresentation or oral agreement relieving her; Clause 18 did not displace Clause 13 and is to be read in light of Clause 13 and the receipt clause; accordingly Defendant is liable to Plaintiff. Damages are assessed as market value at 19 December 1996 less contract price ($950,000); stamp duty paid is recoverable ($248,875); Plaintiff is entitled to a declaration that Defendant indemnify Plaintiff against agency commission claims; interest at judgment rate and costs to Plaintiff to be taxed…