6 Nov 2020
SO MAN KUEN AND ANOTHER v. WONG MAN HON FREDERICK AND ANOTHER
- Citation
- [2020] HKCFI 2757
- Court
- Court of First Instance
- Case number
- HCMP1875/2019
The court held that the Plaintiffs validly rescinded the PSPA under clause 4 for breach of the Defendants' representation about legal proceedings; clause 16(b) was not the operative provision for that situation and, in any event, would be unenforceable as a penalty; clause 17(b) governs non-completion due to default and an indemnity in favour of the Plaintiffs for estate agent commission was ordered insofar as the commission becomes payable and has been paid by the Plaintiffs; Plaintiffs awarded return of Deposit with interest, HK$50,000 damages for wasted costs, and costs on 75% basis agains…