Chen & Anor v Chui & Ors [2008] EWCA Civ 970 (18 June 2008)
The cooperation agreement, properly construed, provided for joint ownership and equal entitlement to shares. The judge's findings of fact regarding oral agreement and repudiation were not open to challenge on appeal. The new evidence did not satisfy the Ladd v Marshall criteria for admission.
- Citation
- [2008] EWCA Civ 970
- Parties
- Appellants/defendants: Chen & Another; Respondents/claimants: Chui & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 18 June 2008
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Share Ownership, Rectification of Register, Specific Performance, Repudiation of Contract, Admission of Fresh Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Chen & Another
Appellants/defendants
Chui & Others
Respondents/claimants
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the cooperation agreement provided for joint ownership of shares
- 2 Whether the claimants were beneficially entitled to half the shares
- 3 Whether there was a repudiatory breach by the claimants
Ratio Decidendi
The cooperation agreement, properly construed, provided for joint ownership and equal entitlement to shares. The judge's findings of fact regarding oral agreement and repudiation were not open to challenge on appeal. The new evidence did not satisfy the Ladd v Marshall criteria for admission.
Court Disposition
Application for permission to appeal refused
Orders
- Application refused
Full Case Text
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