Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Postponement of completion

Legal area

Court

26 Nov 2020

SIT SAU MING v. LEUNG MAY CHUN ALISON ALIANCE (formerly known as SHAM MAY CHUN)

Citation

[2020] HKCA 1037
Court

Court of Appeal
Case number

CAMP195/2020

The intended appeal has no prospect of success because the Chief Judge properly found that the parties, through their solicitor, agreed to postpone completion to 9 January 2008; Union Eagle does not apply where completion was postponed by agreement and there was therefore no breach; accordingly leave to appeal is refused and the summons dismissed.
11 May 2010

EUROPEAN ASIA (HONG KONG) INVESTMENT LTD v. WONG SHUN ON ANTHONY

Citation

EUROPEAN ASIA (HONG KONG) INVESTMENT LTD v. WONG SHUN ON ANTHONY
Court

Court of First Instance
Case number

HCA2431/2008

The 8 January 2008 letter amounted to a waiver (by representation acted upon) of the plaintiff's right to insist on completion on 28 January 2008 rather than a fixed extension to 28 July 2008; the defendant relied on that waiver by diligently pursuing letters of administration, so the plaintiff was bound and could not validly rescind by its 8 October 2008 letter; the defendant's 23 January 2009 60‑day notice to complete was reasonable, the plaintiff failed to complete by 24 March 2009, thereby repudiated the Agreement, and the defendant validly accepted repudiation and forfeited the deposit.