Hong Kong Case Law: Decisions & Judgments

Topic

Specific performance (abandoned)

Legal area

Court

7 Jan 2021

SKY MOTION HOLDINGS LTD v. CHINA CREATE CAPITAL LTD

Citation

[2021] HKCFI 54
Court

Court of First Instance
Case number

HCA1151/2019

The court refused summary judgment because the defendant's 'no full payment' defence was believable and raised triable issues: material disputes existed about whether payments related to the Agreement or separate dealings and plaintiff failed to provide particulars or uncontested documentary proof to negate defendant's position; accordingly defendant was granted unconditional leave to defend and leave to amend the Defence, and the contested issues must be resolved at trial.
19 Jul 2013

CHANNEL GREEN LTD v. HUGE GRAND LTD

Citation

CHANNEL GREEN LTD v. HUGE GRAND LTD
Court

Court of First Instance
Case number

HCMP2052/2011

Clauses 30 and 31, read in context and against the factual matrix known to the parties, precluded any requisition arising from unauthorised additions, alterations or illegal structures on the Property irrespective of whether the legal basis was the Buildings Ordinance, the Government Lease or the DMC; therefore Huge Grand properly shifted the risk of those title defects to the purchaser, was entitled to terminate the SPA and to forfeit the deposits of HK$36,000,000 which the court held was an objectively justified higher deposit for the extended completion period; Channel Green's claim dismis…
19 Sept 2007

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO

Citation

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO
Court

District Court
Case number

DCCJ820/2006

The court accepted the plaintiffs' and independent estate agent's evidence over the defendant's, finding the handwritten name was the defendant's signature acting for his mother and that the cheque was delivered; therefore a binding provisional agreement existed, the defendant repudiated it by refusing to complete and attempting a subsequent sale, and plaintiffs were entitled to damages equal to the difference in sale prices plus proved registration costs.
30 Nov 2001

LOK KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER

Citation

LOK KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER
Court

District Court
Case number

DCCJ9259/2001

On the evidence the court found on the balance of probabilities that by 26 April a legally binding and sufficiently certain contract existed: the signed memorandum, payment of a substantial deposit and subsequent partial performance (handover, dismissal/severance payments and defendants' commencement of business) established intent to be bound and created contractual obligations; uncertainty as to subsidiary matters did not defeat formation; both defendants were jointly and severally liable for breach and the appropriate damages were awarded to restore the plaintiffs to their pre-contract pos…
21 Jun 2000

SPEEDY RICH (ASIA) LTD. v. LEUNG PUI SHU AND ANOTHER

Citation

SPEEDY RICH (ASIA) LTD. v. LEUNG PUI SHU AND ANOTHER
Court

Court of First Instance
Case number

HCA3623/1997

The court found, on the evidence, that the vendor's solicitor by words and conduct agreed or acquiesced to a later completion (about 3 p.m.), inducing the plaintiff to rely and attend with funds; the attempt to rescind immediately after 1 p.m. was unconscionable and barred by variation/waiver/estoppel and equity, therefore the forfeiture was invalid and the deposit, stamp duty and interest must be repaid and costs awarded on an indemnity basis.

Hong Kong Case Law

SKY MOTION HOLDINGS LTD v. CHINA CREATE CAPITAL LTD

CHANNEL GREEN LTD v. HUGE GRAND LTD

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO

LOK KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER

SPEEDY RICH (ASIA) LTD. v. LEUNG PUI SHU AND ANOTHER