LIFTON INVESTMENT LTD v. PANG CHOR YING ANNIE

LIFTON INVESTMENT LTD v. PANG CHOR YING ANNIE

Because the vendor had removed chattels that the contract required to be delivered on completion, the vendor was not ready, willing and able to complete and therefore could not demand completion; the purchaser was entitled to withhold completion without repudiating the contract; the vendor's subsequent conduct repudiated the contract and the purchaser was entitled to relief including release of funds and compensation for the missing furniture.

Citation
LIFTON INVESTMENT LTD v. PANG CHOR YING ANNIE
Parties
Plaintiff (purchaser): Lifton Investment Ltd; Defendant (vendor): Pang Chor Ying, Annie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 1992
Case Number
HCA2346/1990
Procedural Posture
Contract for Sale of Land — Specific Performance and Damages for Failure to Deliver Chattels / Judgment at Trial (high Court)
Outcome
Judgment for the plaintiff (purchaser).
Legal Topics
Specific Performance, Completion of Sale, Chattels Included in Land Sale, Repudiation, Forfeiture of Deposit, Time Being of the Essence
Source Language
EN
Contract Law Property Law Equity (specific Performance) Specific Performance Completion of Sale Chattels Included in Land Sale Repudiation Forfeiture of Deposit +1 more

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Parties

Lifton Investment Ltd

Plaintiff (purchaser)

Pang Chor Ying, Annie

Defendant (vendor)

Procedural Posture

Contract for Sale of Land — Specific Performance and Damages for Failure to Deliver Chattels / Judgment at Trial (high Court)

Legal Issues

  1. 1 Whether vendor could insist on completion when chattels included in the sale had been removed prior to completion
  2. 2 Whether purchaser's refusal to complete amounted to repudiation of the contract
  3. 3 Whether the vendor's subsequent conduct amounted to repudiation and wrongful forfeiture of deposit

Ratio Decidendi

Because the vendor had removed chattels that the contract required to be delivered on completion, the vendor was not ready, willing and able to complete and therefore could not demand completion; the purchaser was entitled to withhold completion without repudiating the contract; the vendor's subsequent conduct repudiated the contract and the purchaser was entitled to relief including release of funds and compensation for the missing furniture.

Court Disposition

Judgment for the plaintiff (purchaser).

Orders

  • Release to purchaser of $190000 held pending outcome of this action.
  • Vendor to pay purchaser $9,000 as agreed value of missing furniture.