Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Title documents

  • 3 Dec 2008

    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER

    Citation
    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1413/2005

    The court held that the purchaser Ms Lee could claim indemnity as agent for MHAL under the express indemnity clauses; specific warranties were construed against the plaintiffs and several breaches were established where proved on the balance of probabilities (failure to deliver land/building certificates, failure to provide certain after-sale service costs, statutory employee payments on termination, shortage of tax-free raw materials, shortfall in raw-material stock, and excessive accounts payable). The court rejected unpleaded defences (common mistake, implied terms) and insufficiently evid…

  • 16 Feb 2000

    IP FAI MAN v. LUI KIT MAN

    Citation
    IP FAI MAN v. LUI KIT MAN
    Court
    Court of First Instance
    Case number
    HCA13661/1998

    The court held that in the circumstances the purchaser was not justified in insisting on production of the surrender agreement because the vendor could give vacant possession by completion; the surrender was not a title document for these purposes and the purchaser's refusal to complete amounted to wrongful repudiation, entitling the vendor to forfeit the deposit and recover damages under clause 17(a).