CHEUNG KAI WEI SANDRA v. FUK KA PAK AND ANOTHER

CHEUNG KAI WEI SANDRA v. FUK KA PAK AND ANOTHER

The contract language 'Government or other competent authority' in clause 14(1) was construed to mean governmental or statutory authorities having statutory power to serve notices requiring demolition or reinstatement; a contractual manager (Fairview) exercising powers under a deed of mutual covenant is not a 'competent authority' for the clause, so the purchaser had no right to rescind under clause 14(1); accordingly the purchaser's appeal fails.

Citation
CHEUNG KAI WEI SANDRA v. FUK KA PAK AND ANOTHER
Parties
Plaintiff/appellant: Cheung Kai Wei Sandra; Defendant/respondent: Fuk Ka Pak; Defendant/respondent: So Lai Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 1990
Case Number
HCMP2099/1989
Procedural Posture
Vendor and Purchaser Summons Under Conveyancing and Property Ordinance (s.12) / Appeal From Master's Order to the High Court (decision on Appeal)
Outcome
Appeal dismissed; Master's decision affirmed
Legal Topics
Rescission, Contract Interpretation (competent Authority), Vendor and Purchaser Summons Procedure, Deed of Mutual Covenant Enforcement
Source Language
EN
Property Law Contract Law Civil Procedure Rescission Contract Interpretation (competent Authority) Vendor and Purchaser Summons Procedure Deed of Mutual Covenant Enforcement

Case Brief

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Parties

Cheung Kai Wei Sandra

Plaintiff/appellant

Fuk Ka Pak

Defendant/respondent

So Lai Ming

Defendant/respondent

Procedural Posture

Vendor and Purchaser Summons Under Conveyancing and Property Ordinance (s.12) / Appeal From Master's Order to the High Court (decision on Appeal)

Legal Issues

  1. 1 Whether the phrase 'Government or other competent authority' in clause 14(1) includes a contractual management company or only statutory authorities
  2. 2 Whether the purchaser validly rescinded the agreement under clause 14(1)
  3. 3 Proper forum and procedure for vendor and purchaser summonses (master v judge in open court)

Ratio Decidendi

The contract language 'Government or other competent authority' in clause 14(1) was construed to mean governmental or statutory authorities having statutory power to serve notices requiring demolition or reinstatement; a contractual manager (Fairview) exercising powers under a deed of mutual covenant is not a 'competent authority' for the clause, so the purchaser had no right to rescind under clause 14(1); accordingly the purchaser's appeal fails.

Court Disposition

Appeal dismissed; Master's decision affirmed

Orders

  • Appeal dismissed
  • Costs awarded to the defendants/vendors