55 lines
3.0 KiB
YAML
55 lines
3.0 KiB
YAML
plaintiff:
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- KENSLAND REALTY LIMITED (in compulsory liquidation)
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defendant:
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- TAI, TANG CHONG
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case_reason: Professional negligence claim against solicitors for allegedly negligent legal advice regarding a property sale transaction that resulted in breach of contract and subsequent damages.
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judgment_summary: |
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The Court of Final Appeal dismissed Kensland's appeal against its former solicitors TTC. Kensland had sued TTC for negligent advice regarding termination of a property sale contract with Whale View Investment Ltd. The court held that Kensland's action was time-barred under the Limitation Ordinance. By November 1997, Kensland had sufficient knowledge of the damage and its attribution to TTC's advice to commence proceedings. The court applied section 31 of the Limitation Ordinance, finding that Kensland knew the facts about the damage (liability to Whale View, legal costs, and property value diminution) and that this damage was attributable to TTC's acts or omissions. The appeal was dismissed with costs.
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jurisdiction_code: HKCFA
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jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region
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case_location: Hong Kong
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case_object: Shop premises subject to sale and purchase agreement
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judgment_result:
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- charge: Professional negligence claim for damages arising from allegedly negligent legal advice
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result: Appeal dismissed; action struck out as time-barred
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involved_entities:
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- entity_name: Whale View Investment Ltd
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reason: Original purchaser of the shop premises who successfully sued Kensland for breach of contract
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- entity_name: Messrs Tam, Pun and Yipp (TPY)
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reason: Solicitors acting for Whale View Investment Ltd in the property transaction
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- entity_name: Mr Justice Bokhary PJ
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reason: Permanent Judge presiding over the appeal
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- entity_name: Mr Justice Chan PJ
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reason: Permanent Judge presiding over the appeal
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- entity_name: Mr Justice Ribeiro PJ
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reason: Permanent Judge presiding over the appeal
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- entity_name: Sir Noel Power NPJ
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reason: Non-Permanent Judge presiding over the appeal
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- entity_name: Mr Justice McHugh NPJ
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reason: Non-Permanent Judge presiding over the appeal
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- entity_name: Deputy Judge Gill
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reason: High Court judge who initially ruled in favor of Kensland
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- entity_name: Rogers VP
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reason: Court of Appeal Vice President who reversed the High Court decision
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- entity_name: Le Pichon JA
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reason: Court of Appeal Justice of Appeal who reversed the High Court decision
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- entity_name: Mr John Scott SC
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reason: Senior Counsel representing the appellant Kensland
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- entity_name: Mr Charles Manzoni
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reason: Counsel representing the appellant Kensland
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- entity_name: Mr Michael Thomas SC
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reason: Senior Counsel representing the respondent TTC
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- entity_name: Mr Andrew Bullett
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reason: Counsel representing the respondent TTC
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- entity_name: Yvonne Yeung Han Yi (Ms Yeung)
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reason: Director of Kensland who received advice from TTC and made key decisions
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