KAMOS LTD v. CHAN CHUN CHUNG HOWARD

KAMOS LTD v. CHAN CHUN CHUNG HOWARD

Kamos had good title to the Property; SPA clauses 7 and 11, which were properly incorporated and known to the purchaser or his agent, limited the vendor's obligation to produce documents beyond Schedule 7 and were binding; the purchaser's requisition alleging a defective chain of title was based on incorrect assumptions and was adequately answered by the provided documents and Mr Chow's statutory declaration; the purchaser repudiated the contract wrongfully and Kamos was entitled to damages and costs.

Citation
KAMOS LTD v. CHAN CHUN CHUNG HOWARD
Parties
Plaintiff (also Defendant in Consolidated Action): Kamos Limited; Defendant (also Plaintiff in Consolidated Action): Chan Chun Chung Howard
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 December 2004
Case Number
HCA9184/2000
Procedural Posture
Contract for Sale of Land; Breach of Sale and Purchase Agreement and Deposit Dispute / Final Judgment on Consolidated Actions (court of First Instance)
Outcome
Judgment for Kamos Limited; Mr Chan's defence and counterclaim dismissed; Kamos awarded damages and costs.
Legal Topics
Good Title, Requisitions on Title, Exclusion Clauses, Repudiation, Damages, Deposit, Lis Pendens, Possessory Title
Source Language
EN
Property Contract Civil Procedure Equity Good Title Requisitions on Title Exclusion Clauses Repudiation +4 more

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Parties

Kamos Limited

Plaintiff (also Defendant in Consolidated Action)

Chan Chun Chung Howard

Defendant (also Plaintiff in Consolidated Action)

Procedural Posture

Contract for Sale of Land; Breach of Sale and Purchase Agreement and Deposit Dispute / Final Judgment on Consolidated Actions (court of First Instance)

Legal Issues

  1. 1 Whether vendor (Kamos) had good title to the Property
  2. 2 Whether purchaser (Mr Chan) was entitled to raise the requisitions he made
  3. 3 Whether the requisitions properly raised by Mr Chan were adequately answered

Ratio Decidendi

Kamos had good title to the Property; SPA clauses 7 and 11, which were properly incorporated and known to the purchaser or his agent, limited the vendor's obligation to produce documents beyond Schedule 7 and were binding; the purchaser's requisition alleging a defective chain of title was based on incorrect assumptions and was adequately answered by the provided documents and Mr Chow's statutory declaration; the purchaser repudiated the contract wrongfully and Kamos was entitled to damages and costs.

Court Disposition

Judgment for Kamos Limited; Mr Chan's defence and counterclaim dismissed; Kamos awarded damages and costs.

Orders

  • Kamos awarded damages of HKD 2,073,435.60 against Mr Chan
  • Interest on HKD 2,073,435.60 at 1% over Hong Kong prime from date of the writ in HCA No.9184 to date of judgment, thereafter at the judgment rate until payment