Hong Kong Case Law: Decisions & Judgments

Topic

Repudiatory breach and acceptance

Legal area

Court

16 Oct 2025

施姍姍對薈娛國際有限公司

Citation

[2025] HKLdT 62
Court

Lands Tribunal
Case number

LDPE609/2025

Refusal of out‑of‑time leave: the application was filed over 40 days late without reasonable explanation; given the seriousness of the delay the respondent must show a real prospect of success and it failed to do so because the tribunal correctly found (i) tenant vacated and abandoned the lease, (ii) landlord had no legal duty to remedy third‑party noise in the circumstances, and (iii) the proposed statutory arguments were misconceived or inapplicable; therefore leave to appeal was refused.
20 Feb 2025

HO WAI KWONG, executor of the estate of YU KING, deceased v. HO KAM CHUI

Citation

[2025] HKCA 174
Court

Court of Appeal
Case number

CACV301/2023

The appeal is allowed in part: where a vendor has conveyed land and thereby acquired an accrued contractual right to the purchase price, termination of the contract for the purchaser’s breach does not automatically revest beneficial ownership nor create a trust in favour of the vendor by way of restitution; the proper remedies are contractual (debt for the price) and equitable security (vendor's lien) and the court awarded judgment for the unpaid price with interest and adjusted orders for rents and accounts accordingly.
29 Aug 2023

HO WAI KWONG , executor of the estate of YU KING, deceased v. HO KAM CHUI

Citation

[2023] HKCFI 2218
Court

Court of First Instance
Case number

HCA1224/2016

On the totality of the evidence (formal transfer documents, contemporaneous memoranda, solicitor records, family meeting records, subsequent conduct and failure to pay), the Transfer was a sale for $8,000,000, the Defendant repudiated by non-payment and the Mother accepted repudiation; the SPA was terminated and the Defendant holds the 50% registered interest on trust for the Mother's estate and must transfer it back and account for rental income less minor deductions.
17 Jan 2020

CHEUNG WAI SING JACKIE WALTER v. BILLION CREDIT FINANCIAL CO LTD

Citation

[2020] HKDC 94
Court

District Court
Case number

DCMP3325/2018

The supplemental Remittance Term required the lender to advance the principal only after registration of the legal charge; the charge was registered within a reasonable time, so there was no breach by the lender; the plaintiff repudiated the Loan Agreement by refusing the deposited balance and is therefore liable for interest, discharge costs and defendants' costs; the Property remains charged for the secured sum.
20 Sept 2018

WEALTHY CATERING HOLDINGS LTD v. SUPERIOR LUCK LTD AND ANOTHER

Citation

[2018] HKDC 1011
Court

District Court
Case number

DCCJ5628/2015

The contracts comprised written documents together with oral terms and conduct; on the facts the licence renewal obligation rested solely with Wealthy Catering (by oral agreement and conduct) and the head lease reinstatement clause was not incorporated into the sub-franchise contract; Wealthy Catering repudiated the contract by failing to secure an effective licence and Superior Luck accepted repudiation on 30 September 2015; accordingly Superior Luck was not liable for reinstatement but was liable for September 2015 rent and electricity; the security and rental deposits (HKD100,000 and HKD50…
24 May 2012

ATAL TECHNOLOGIES LTD v. STRATECH SYSTEMS LTD

Citation

ATAL TECHNOLOGIES LTD v. STRATECH SYSTEMS LTD
Court

Court of Appeal
Case number

CACV125/2011

The Court held that ATAL validly terminated the Sub-Contract because the 23 March 2006 letter constituted effective notice under clause 17.1(e) (terminating after at least seven days) and, alternatively, ATAL validly accepted Stratech's repudiation by reason of the tokens; AMS and KMS were Custom Programs entitling ATAL to source code; Stratech was not liable for hardware maintenance under the Fourth Schedule so the prior judgment was reduced accordingly; valuation of incomplete variations on termination was properly discounted where no cogent expert valuation was adduced.
27 Apr 2010

FINE ELITE GROUP LTD v. CHENG WAI TAO

Citation

FINE ELITE GROUP LTD v. CHENG WAI TAO
Court

Court of First Instance
Case number

HCA1269/2008

The court held that allegations of misrepresentation were not triable because the entire agreement clause and contract terms meant the statements relied on were contractual warranties, not pre-contractual representations, and reliance could not be shown. However, the defendant raised an arguable implied term regarding trademark registration and an arguable defence that he accepted the plaintiff's repudiatory breach; clause 20.1 did not conclusively require written acceptance. Because those issues were sufficiently arguable and believable to a degree, summary judgment for specific performance…
17 Jun 1999

CENTRAL GEM LTD. v. HARVEST FAIR INVESTMENT LTD.

Citation

CENTRAL GEM LTD. v. HARVEST FAIR INVESTMENT LTD.
Court

Court of First Instance
Case number

HCA10222/1998

The 26 September 1998 letter met the requirements of clause 16(1) and constituted a valid determination under the contract; the property was resold within six months and the resale price therefore establishes the contractual measure of damages under clause 16(3); accordingly an interim payment of HKD 2,689,888.20 was justifiable under Order 29 r.11(1)(b) and security for costs in the sum of HKD 1,666,718.40 was required given the Plaintiff's impecuniosity.