Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rescission option under contract
  • 20 May 1982

    TSANG CHEUNG KIT AND OTHERS v. HONG KONG HOUSING AUTHORITY

    Citation
    TSANG CHEUNG KIT AND OTHERS v. HONG KONG HOUSING AUTHORITY
    Court
    Court of First Instance
    Case number
    HCA7451/1980

    The architect's certificate issued in February 1981 was invalid because Clause 3 must be construed so that any decision to extend the contractual completion date must be made by the architect before the relevant completion date to preserve the purchasers' Clause 4 rescission right; therefore completion date remained 1 June 1979 and damages are assessed from that date. The appropriate measure of damages for the delay was the rent paid for alternative accommodation during the delay; claims for interest on deposits and the asserted consequential losses (school fees, travel expenses) were rejecte…