Hong Kong Case Law: Decisions & Judgments

Topic

Stamp duty liability

Legal area

Court

29 Sept 2000

YILI CONCEPTS (HKG) LTD. v. LEE WAI CHUEN AND ANOTHER

Citation

YILI CONCEPTS (HKG) LTD. v. LEE WAI CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCA12911/1997

Court found 2nd Defendant's employees represented the enclosed area as 1,200 sq ft (first as agent of vendor) and provided a valuation report on the same basis (second on its own initiative); those representations were untrue and the defendants failed to prove reasonable grounds to believe them true, constituting negligent misrepresentation; plaintiff relied and it was foreseeable the transaction would fail; vendor also could not give good title because of real risk from unauthorised balcony extension; rescission and repayment of deposit with interest ordered; 2nd Defendant entitled to commis…
12 Jul 2000

KWAN LAI KIT EDDIE AND ANOTHER v. LEUNG MUK LAN

Citation

KWAN LAI KIT EDDIE AND ANOTHER v. LEUNG MUK LAN
Court

Court of First Instance
Case number

HCA2179/1998

The signed provisional agreement of 31 May 1997 contained all essential terms and was a legally binding contract; the Defendant knowingly signed and gave the HK$150,000 as initial deposit, subsequently dishonoured the cheque and repudiated the contract, the Plaintiffs validly accepted repudiation and forfeited the deposit and are entitled to recover the deposit amount and reimbursement of stamp duty; allegations of misrepresentation, price-splitting and cancellation were rejected on credibility and legal grounds.
22 May 1998

WISE UNICORN DEVELOPMENT LTD. v. KWEK BUCK NOI

Citation

WISE UNICORN DEVELOPMENT LTD. v. KWEK BUCK NOI
Court

Court of First Instance
Case number

HCA194/1997

Clause 13, as signed and read objectively, imposed personal liability on the Defendant; there was no misrepresentation or oral agreement relieving her; Clause 18 did not displace Clause 13 and is to be read in light of Clause 13 and the receipt clause; accordingly Defendant is liable to Plaintiff. Damages are assessed as market value at 19 December 1996 less contract price ($950,000); stamp duty paid is recoverable ($248,875); Plaintiff is entitled to a declaration that Defendant indemnify Plaintiff against agency commission claims; interest at judgment rate and costs to Plaintiff to be taxed…

Hong Kong Case Law

YILI CONCEPTS (HKG) LTD. v. LEE WAI CHUEN AND ANOTHER

KWAN LAI KIT EDDIE AND ANOTHER v. LEUNG MUK LAN

WISE UNICORN DEVELOPMENT LTD. v. KWEK BUCK NOI