Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Remedies (damages)

Legal area

Court

7 Apr 2008

TIN SHUI WAI DEVELOPMENT LTD v. HEUNG KING CHAN AND ANOTHER

Citation

TIN SHUI WAI DEVELOPMENT LTD v. HEUNG KING CHAN AND ANOTHER
Court

District Court
Case number

DCCJ650/2004

Defence and counterclaim were struck out because the defendants failed to plead or particularize any basis for an implied term, produced no contractual provision excusing completion due to delay, and thus disclosed no reasonable defence; accordingly the plaintiff was entitled to judgment with damages to be assessed and costs ordered.
30 May 2002

FIRST SHANGHAI ENTERPRISES LTD. v. DAHLIA PROPERTIES PTE LTD.

Citation

FIRST SHANGHAI ENTERPRISES LTD. v. DAHLIA PROPERTIES PTE LTD.
Court

Court of Appeal
Case number

CACV1308/2001

Clause 11 must be construed in context; the phrase 'as soon as practicable within seven (7) working days' in a tight, time‑essence schedule did not entitle the purchaser to treat delivery on 24 October as a breach; purchaser's conduct (delaying perusal, communicating in a manner inconsistent with termination and formally accepting documents) amounted to waiver of termination rights; there was no fundamental defect in title to justify immediate rescission; accordingly the appellant (Dahlia) was entitled to forfeit the deposit and obtain judgment on its counterclaim.