15 Jun 2005
KEEP POINT DEVELOPMENT LTD v. CHAN CHI YIM AND OTHERS
- Citation
- KEEP POINT DEVELOPMENT LTD v. CHAN CHI YIM AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP6550/1998
The judge held that the existence of a buyback option and continuing representations and attempts by Full Country to regain control meant the duty to mitigate did not arise in February 1997; the critical date was the failure to exercise the buyback by February 1998 and, allowing reasonable time to act, April 1998 was fixed as the date by which D49 should have repurchased a comparable unit; the couple had been financially able (from August 1997) and certainly by April 1998 to do so.