Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deposit return

  • 4 Jan 2013

    CREATIVE OWL INVESTMENT CO LTD v. JIN KANG

    Citation
    CREATIVE OWL INVESTMENT CO LTD v. JIN KANG
    Court
    District Court
    Case number
    DCCJ3396/2011

    The defendant failed to provide satisfactory information about when and how the disputed signature was appended to the Revised Power of Attorney and did not answer specific questions necessary for the plaintiff to accept the Revised Power of Attorney as valid title; therefore the plaintiff validly rescinded the SP Agreement and is entitled to return of the deposit, damages, indemnity for estate agent commission and costs.

  • 13 Mar 2007

    MARK ALEXANDER TURNER AND ANOTHER v. HUNG HOK MAN

    Citation
    MARK ALEXANDER TURNER AND ANOTHER v. HUNG HOK MAN
    Court
    Court of First Instance
    Case number
    HCA2387/2004

    The court found the First Requisition (unauthorised alienation under Special Condition 6 of New Grant No.6796) was not withdrawn and was not satisfactorily answered because the vendor did not obtain authoritative confirmation from the District Lands Office; the clause 16.02 rescission notice was ineffective in the circumstances; the Further Requisitions were raised out of time and therefore waived; the Defendant's failure to satisfactorily answer the First Requisition amounted to a repudiatory breach accepted by the Plaintiffs; consequence: Agreement rescinded, deposits returned with interest…

  • 17 Feb 2000

    LEUNG KA YUNG AND ANOTHER v. TUO WEI WEI

    Citation
    LEUNG KA YUNG AND ANOTHER v. TUO WEI WEI
    Court
    Court of First Instance
    Case number
    HCA39/1998

    Because the defendant failed to answer the requisition about the unauthorized extension, plaintiffs are entitled to return of deposit and reimbursement of expenses; a declaration of a lien on the immovable property is not available; interest from issue to judgment is at the short term investment rate and thereafter at judgment rate; no inquiry into damages ordered given lack of evidence of recoverable loss.