19 Feb 1999
DIAMOND PLAN DEVELOPMENT LTD v. KWOK KUEN KWAN and HAR SIO YING (Third Party)
- Citation
- DIAMOND PLAN DEVELOPMENT LTD v. KWOK KUEN KWAN and HAR SIO YING (Third Party)
- Court
- Court of First Instance
- Case number
- HCA5478/1989
Given the defendant proved on the balance of probabilities the payments and losses arising from failed completion, had taken reasonable steps to obtain administration of the vendor's estate and the absence of a representative would cause no substantial prejudice, the court exercised its discretion under Order 15 r 15 RHC to proceed against 'The estate of Har Sio Ying, deceased' and awarded reimbursement of $158,250, damages of $14,705 and interest at 10% per annum for the period to judgment, to be paid out of the sum paid into Court.