Hong Kong Case Law: Decisions & Judgments

Topic

As‑is clause

Legal area

Court

9 Nov 2010

SOUND INDUSTRIAL LTD v. KIM YI PROPERTY AGENCY LTD

Citation

SOUND INDUSTRIAL LTD v. KIM YI PROPERTY AGENCY LTD
Court

District Court
Case number

DCCJ3222/2008

No general duty of care was established that would require the estate agent to confirm absence of unauthorised structures; furthermore the lease plan and as-is clauses showed the floor extension was not part of the leased premises and the plaintiff failed to prove reasonable reliance or a compensable misrepresentation, therefore the claim fails.
30 Jun 2009

CHAN CHOI FUNG AND ANOTHER v. HUGE BASE INVESTMENT LTD

Citation

CHAN CHOI FUNG AND ANOTHER v. HUGE BASE INVESTMENT LTD
Court

Court of First Instance
Case number

HCA1711/2005

The plaintiffs had substantially performed by being ready and willing to assign the Shop with the End Wall reinstated (in compliance with a Buildings Department order arising from the defendant's own complaints) and with the unauthorized Extended Cockloft demolished; the defendant's late requisition on the cockloft was out of time; the as‑is clause and authorities precluded the defendant from insisting on retention of unauthorized works or proving misrepresentation; the defendant wrongfully repudiated the agreement and plaintiffs are entitled to rescind and forfeit the deposit.
18 Jul 2000

SUMMIT LINK LTD v. SUNLINK GROUP (HONG KONG) CO LTD

Citation

SUMMIT LINK LTD v. SUNLINK GROUP (HONG KONG) CO LTD
Court

Court of Appeal
Case number

CACV2/2000

The Court held that a vendor has an implied obligation to show and prove good title within a reasonable time; what is reasonable depends on circumstances and may be short, and the purchaser should normally give notice to make time of the essence if more time is required. Applying those principles the court found Requisition 12(b) satisfactorily answered by production of the manager's letter; Requisition 13 (failure to produce a certified copy of the registered Option) did not entitle the purchaser to refuse completion because the purchaser had not properly insisted or given notice and had lul…

Hong Kong Case Law

SOUND INDUSTRIAL LTD v. KIM YI PROPERTY AGENCY LTD

CHAN CHOI FUNG AND ANOTHER v. HUGE BASE INVESTMENT LTD

SUMMIT LINK LTD v. SUNLINK GROUP (HONG KONG) CO LTD