The plaintiff, Datamy Inc., brought a motion for summary judgment against the defendants, Ka-Hang Yung and Vivien Yung, for breach of an Agreement of Purchase and Sale (APS) relating to a residential property.
The defendants failed to pay a second deposit of $140,000 as required by the APS.
The court held that the plaintiff was entitled to summary judgment for the unpaid deposit, rejecting the defendants’ arguments for relief from forfeiture and finding the deposit amount reasonable.
Alternatively, the court calculated damages based on the difference in sale price and related costs, but ultimately awarded the full unpaid deposit.
