28 Feb 2019
FU SAU KIN DE YAU v. TANG FU HONG AND ANOTHER
- Citation
- [2019] HKCFI 540
- Court
- Court of First Instance
- Case number
- HCA380/2016
Implied financial terms requiring plaintiff to release the Title Deed were rejected as inconsistent with express terms (notably Clause 3) and not within parties' obvious intention; the 60% contractual rate was reopened as extortionate and replaced with commercial rate (prime plus 1%); plaintiff was entitled to recover HK$1,400,000 (excluding the HK$46,495 furnishing items) with interest and subject to set off for occupation rent of HK$9,000/month.