17 Dec 2004
CHUA MING YUEN v. HENTRON INVESTMENTS LTD AND ANOTHER
- Citation
- CHUA MING YUEN v. HENTRON INVESTMENTS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2930/2002
The court held that payment by cheque had not been 'satisfied' under clause 2 of the Agreement because cheques/banker’s drafts had not cleared; therefore completion had not taken place at 21 June. Hentron initially repudiated but subsequently affirmed the contract by retaining funds without justification and failing to return monies; as a result the purchaser was entitled to specific performance. RCC was justified in not performing undertakings once payment failed; LHK was guilty of professional negligence for leaving key matters to the last moment, failing to take available steps to avoid ch…