Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty nexus
  • 14 Nov 2022

    CHEN FENGLAN v. KAO, LEE & YIP, SOLICITORS (A FIRM)

    Citation
    [2022] HKDC 1317
    Court
    District Court
    Case number
    DCCJ217/2019

    KLY had a duty, as conveyancer retained to complete the Assignment, to inform the plaintiff that BSD would be chargeable because stamping and registration were within its remit; however the specific loss claimed (payment of BSD) was not recoverable from KLY because the plaintiff’s liability to pay BSD arose at contract formation before KLY’s retainer, and the claimed loss depended on a series of speculative intervening events (repudiation, forfeiture, husband re-application, HA acceptance, refund) breaking the necessary duty nexus and rendering the loss too remote; accordingly KLY is not liab…