YUEN HO YIN AND ANOTHER v. SHEK CHI LUN KITTY

DCCJ1502/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1502 OF 2007

Date of Hearing: 12 March 2009

Date of Judgment:  12 March 2009

J U D G M E N T

1.  In this action, the Plaintiffs claim against the Defendant for various damages because the Defendant failed to complete the purchase of the Plaintiffs’ property known as Flat F, 14th Floor together with balcony of Block 7, Metro Harbour View, No. 8, Fuk Lee Street, Kowloon (“the Property”).  Final and interlocutory judgment on liability was entered for the Plaintiffs against the Defendant on 11 May 2007.  The present proceedings are to be conducted for the purpose of assessing the Plaintiffs’ damages due to the Defendant’s breach of contract to complete the purchase of the Property.

2.  The completion date for the sale and purchase of the Property was postponed to 20 October 2006, but the Defendant failed to complete the purchase.  On 22 November 2006, the Plaintiffs entered into a provisional agreement for the sale and purchase of the Property with a new buyer. 

3.  Paragraph 11 of the statement of claim is supported by evidence given by Mr Yuen Ho-yin, one of the Plaintiffs in this case.  But the Plaintiffs’ counsel abandoned the (b) item relating to the agent fee in the sum of $20,500.  I therefore exclude this item when I assess the damages for the Plaintiffs.  The total damages assessed by me in favour of the Plaintiffs is in the sum of $176,302.86. 

4.  I order that the Defendant do pay, within 14 days from today, the sum of $176,302.86 with interest thereon commencing from 30 March 2007 until satisfaction.

(Discussion re costs) 

5.  The Defendant do pay costs to the Plaintiffs in respect of the proceedings relating to the assessment of damages, to be taxed, if not agreed, with certificate for counsel.

Mr Tim Wong, instructed by T K Cheng & Co., for both Plaintiffs

Defendant, in person, absent