RICHLY BRIGHT INTERNATIONAL LTD v. DE MONSA INVESTMENTS LTD

FAMV No. 29 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 29 OF 2014 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV 247 OF 2012)

_____________________

Between:

	RICHLY BRIGHT INTERNATIONAL LIMITED	Plaintiff (1st Respondent)
	and
	DE MONSA INVESTMENTS LIMITED	Defendant Applicant
	and
	823 INVESTMENT LIMITED	Interested Party (2nd Respondent)

_____________________

Appeal Committee:

Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ and Mr Justice Fok PJ

Date of Hearing and Determination: 29 September 2014

_____________________

DETERMINATION

_____________________

Mr Justice Ribeiro Ag CJ:

1.  We grant leave to appeal on the basis that the following question is of the requisite importance, namely:

“Where, at the end of a chain of contracts for the sale and purchase of immovable property, the ultimate purchaser has, in breach of its contract of sale and purchase, failed to complete, what is the proper approach to determining the extent of the purchaser’s liability for such breach in relation to losses attributable to non-completion incurred up the chain of contracts?”

2.  We also grant leave on the basis that this is an exceptional case where the “or otherwise” ground is engaged because, highly unusually, in the context of a summary judgment application, final judgment was granted on the basis of contested findings of fact on a matter of general importance to litigation concerning sale and purchase agreements in Hong Kong.

3.  We do not consider the other grounds raised by the applicant to be responsibility arguable.

4.  This appeal will be heard on 15 April 2015, with one day reserved. 

(R.A.V. Ribeiro) Acting Chief Justice

(Robert Tang) Permanent Judge

(Joseph Fok) Permanent Judge

Mr Lam Chin Ching Gary, instructed by Tsangs, for the plaintiff/1^st respondent

Mr Warren Chan SC, instructed by K.C. Ho & Fong, for the defendant/applicant

Mr Barrie Barlow SC, and Mr Calvin Cheuk, instructed by Alfred Lam, Keung & Ko, for the interested party/2^nd respondent