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Hong Kong remediesfailure of basis

Ho Wai Kwong v Ho Kam Chui

[2025] HKCA 174
JurisdictionHong Kong
CourtHK Court of Appeal
Year2025
StatusBinding authority

Summary

Court of Appeal clarified principles governing contractual and restitutionary remedies available upon breach of contract.

Key Principle

The Court of Appeal clarified several important principles regarding contractual and restitutionary remedies for breach of contract.

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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