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Hong Kong estates and interestsexpectation damagespenalty clauses and liquidated damages

Simply Power Limited v Billy Chua

[2023] HKCFI 944
JurisdictionHong Kong
CourtHK Court of First Instance
Year2023
StatusBinding authority

Summary

Court reviewed the law on forfeiture of deposits in HK conveyancing transactions, examining when a vendor may forfeit a purchaser's deposit on breach.

Key Principle

The court reviewed the law on forfeiture of deposits in conveyancing transactions.

Area of Law

property

Related Cases

Zheng v Cai (2009) 239 CLR 446

In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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