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Hong Kong decisions
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The District Court dismissed a claim that an oral agreement required repayment of HK$800,000 to the parties’ daughter, finding the plaintiff’s evidence unreliable.
The District Court held Yeung and Friends Frozen Food liable for fraudulent misrepresentation and breach of contract in a business sale dispute, and dismissed the counterclaim.
The Lands Tribunal dismissed a leave-to-appeal application and a stay request over rent arrears, finding no arguable error of law and no basis for fresh evidence.
Because the defendant failed to file witness statements or attend trial, the court disregarded any defendant evidence, accepted the unchallenged testimony and expert report of the plaintiffs as credible, found breaches including failure to exercise reasonable skill and delay, but limited damages to the amounts particularised in the statement of claim; awarded HKD1,097,332.00 plus prescribed interest and costs to the plaintiffs.
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The Court of First Instance held that the defendant breached agreements to deliver bare-shell houses and transfer title, and ordered repayment of HK$25,930,000 with interest.
賣方未交付空置管有，法院裁定其違反協議；“完全放棄”抗辯不成立，並就損失以合約價與後續和解金差額計算賠償。
Assessment of damages in a renovation dispute. The District Court awarded the plaintiff HK$280,818.40, with costs summarily assessed at HK$135,000.
The court held that Autopal failed to prove a genuine gold sale and must account for USD900,000 held on trust for the plaintiff; Omega was liable for breach of contract.
The court found there was a valid contract formed by the quotation signed by the plaintiff, the defendant performed the contracted services on 21 May 2020, the plaintiff failed to adduce evidence of the alleged breaches or to plead termination, and therefore the defendant was entitled to judgment for the contractual price of HKD150,000 plus interest and costs.
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The quotation signed by the parties created a binding contract; the defendant performed the contractual obligations for the press launch on 21 May 2020; the plaintiff failed to adduce any evidence at trial to prove the alleged breaches or that the contract was validly terminated; accordingly the plaintiff is liable to pay the contracted fee together with interest and costs.
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