Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Breach of agency contract

Legal area

Court

13 Dec 2007

EARNEST PROPERTY AGENCY LTD v. LIM CHEE KEONG AND ANOTHER

Citation

EARNEST PROPERTY AGENCY LTD v. LIM CHEE KEONG AND ANOTHER
Court

District Court
Case number

DCCJ3039/2006

The agent (Kenneth) misrepresented that the purchaser was not the owner of Unit 11C and, having been specifically instructed to ascertain that fact, acted recklessly or fraudulently by failing to make necessary enquiries; this constituted a breach of an important term of the agency contract entitling the vendor to resist payment of the claimed commission and justified dismissal of the plaintiff's claim.
31 Dec 2002

CENTALINE PROPERTY AGENCY LTD. v. LAI YUK CHUN

Citation

CENTALINE PROPERTY AGENCY LTD. v. LAI YUK CHUN
Court

Court of Appeal
Case number

CACV115/2002

The Court upheld the trial judge’s factual finding that there was no real and substantial chance the purchaser would have paid the appellant’s neighbour price; accordingly only nominal damages were proper for breach of contract and the judge did not err in exercising his discretion to award costs on the District Court scale where proceedings were started in the District Court and transferred to the Court of First Instance.