24 Dec 2008
HOIE SOOK FONG AND ANOTHER v. ISMAIL HALIMA AND ANOTHER
- Citation
- HOIE SOOK FONG AND ANOTHER v. ISMAIL HALIMA AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1974/2006
The Court found on the evidence that the vendor (1st defendant) revoked the auctioneer's authority prior to the auction and had fixed a reserve/sale price of HK$1.98m; accordingly no binding contract arose between plaintiffs and the 1st defendant and the 2nd defendant, having sold without authority, breached the implied warranty of authority and is liable to the plaintiffs for damages to be assessed. The 1st defendant succeeded on her counterclaim and indemnity claims between defendants were dismissed; Bullock costs order appropriate.
- Specific performance
- Breach of warranty of authority
- Revocation of agency
- Auction sales and reserve price
- Conveyancing formalities (s.3(1) cpo)
- Costs orders (bullock/sanderson)