16 Dec 2022
MARK O’KANE v. TANG JEB MING
- Citation
- [2022] HKCFI 3767
- Court
- Court of First Instance
- Case number
- HCA1948/2016
The court held there was no repudiation by Tang for delay because plaintiffs had by words and conduct elected to affirm and continue their contracts despite delay; however Tang repudiated the contracts by arranging an outright sale of the lots to Wong in May 2016 (no credible evidence of a nominee/conditional arrangement), thereby demonstrating an intention not to perform. Damages were awarded to each plaintiff (market value at contractual completion less unpaid balance) with interest; costs ordered against Tang with disallowance of trial‑bundle preparation costs.