Hong Kong Case Law: Decisions & Judgments

Topic

Concurrent conditions

Legal area

Court

18 Feb 1994

SILVERPOLE LTD. v. CHINA PRIDE INVESTMENT LTD.

Citation

SILVERPOLE LTD. v. CHINA PRIDE INVESTMENT LTD.
Court

Court of First Instance
Case number

HCA8894/1991

Defendant breached Clause 19(1) by obstructing financing and wrongfully rescinded; Clause 19(2) requires concurrent provision of loan and personal guarantee; the 20% deposit was excessive and not a genuine deposit under Workers Trust and must be repaid in full; plaintiff's claim succeeds and defendant's counterclaim is dismissed.
13 Dec 1988

CAMBERRA INVESTMENT LTD. v. CHAN WAI TAK

Citation

CAMBERRA INVESTMENT LTD. v. CHAN WAI TAK
Court

Court of Appeal
Case number

CACV75/1988

Time for completion ran until midnight on 28 February; the vendor's purported rescission by letter at about 1pm was premature and ineffective; both parties had failed concurrent obligations but the contract remained on foot with a substituted reasonable time and the plaintiff was entitled to specific performance.
27 Aug 1986

CHENG YIP WAH t/a HONG PING COMPANY v. MARVIN LEBOWITZ t/a LE BOW CREATIONS

Citation

CHENG YIP WAH t/a HONG PING COMPANY v. MARVIN LEBOWITZ t/a LE BOW CREATIONS
Court

Court of First Instance
Case number

HCA3638/1985

The court found the parties had waived and varied the delivery/payment time to 4:00 p.m. on 21/5/1985, plaintiff validly tendered payment then, defendant was unable to deliver which amounted to a fundamental breach discharging plaintiff; accordingly plaintiff was entitled to damages equal to the market replacement shortfall and to a refund of the deposit; defendant's counterclaim failed.

Hong Kong Case Law

SILVERPOLE LTD. v. CHINA PRIDE INVESTMENT LTD.

CAMBERRA INVESTMENT LTD. v. CHAN WAI TAK

CHENG YIP WAH t/a HONG PING COMPANY v. MARVIN LEBOWITZ t/a LE BOW CREATIONS