Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Vendor disclosure

  • 5 Apr 2016

    JOIN UNION INVESTMENT LTD v. CHINA TREE INVESTMENT LTD

    Citation
    JOIN UNION INVESTMENT LTD v. CHINA TREE INVESTMENT LTD
    Court
    Court of First Instance
    Case number
    HCA1126/2013

    The Illegal Structure Clause in the earlier provisional agreement was not incorporated into the Formal Agreement and rectification was refused because the parties and solicitors had agreed and executed the Formal Agreement omitting the clause; the plaintiff's post-title requisitions were out of time under clause 10(a) and the defendant did not unequivocally waive that time-bar; the Partition Clause only covered the two sub-shops B1/B2 and the Supplemental Agreement was insufficiently clear to shift the risk of the cockloft to the purchaser; although the defendant knew of the cockloft, the coc…

  • 18 Jun 2013

    LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG

    Citation
    LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG
    Court
    District Court
    Case number
    DCCJ3232/2010

    There was a latent water leakage at the premises existing before completion which constituted an encumbrance that the vendor failed to disclose; therefore the vendor did not show good title and repudiated the provisional agreement; the plaintiffs had paid both deposits (HK$130,000 and HK$120,000); clause 8(2), providing an amount equal to the deposit (10% of purchase price) as compensation, is a valid liquidated damages clause and not a penalty; accordingly the vendor must repay the deposits (HK$250,000) and pay liquidated damages of HK$250,000, resulting in judgment for plaintiffs totaling H…