FAMOUS MARVEL CO LTD AND OTHERS v. CONVERSANT GROUP LTD AND OTHERS

FAMOUS MARVEL CO LTD AND OTHERS v. CONVERSANT GROUP LTD AND OTHERS

On the evidence before the Court the SPA was likely lawful and registrable; the Settlement Order granted the plaintiffs substantially all relief sought so plaintiffs were the winners and the 1st and 2nd defendants must pay the plaintiffs' costs with certificates for two counsel.

Citation
FAMOUS MARVEL CO LTD AND OTHERS v. CONVERSANT GROUP LTD AND OTHERS
Parties
1st Plaintiff: Famous Marvel Company Limited; 2nd Plaintiff: Camtron Development Limited; 1st Defendant: Conversant (D1); 2nd Defendant: Henry (D2); 3rd Defendant: 3rd Defendant (not represented)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 2012
Case Number
HCA2153/2009
Procedural Posture
Civil Specific Performance (action No 2153 of 2009) / Settlement Reached; Decision on Costs
Outcome
Plaintiffs entitled to costs; 1st and 2nd Defendants ordered to pay plaintiffs' costs
Legal Topics
Specific Performance, Costs, Enforceability of Foreign Law, Registration/prc Land Law
Source Language
EN
Contract Property Civil Procedure Conflict of Laws Specific Performance Costs Enforceability of Foreign Law Registration/prc Land Law

Case Brief

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Parties

Famous Marvel Company Limited

1st Plaintiff

Camtron Development Limited

2nd Plaintiff

Conversant (D1)

1st Defendant

Henry (D2)

2nd Defendant

3rd Defendant (not represented)

3rd Defendant

Procedural Posture

Civil Specific Performance (action No 2153 of 2009) / Settlement Reached; Decision on Costs

Legal Issues

  1. 1 Whether the SPA for Jointly Owned Properties was lawful and registrable under PRC law (171/2006 Document)
  2. 2 Whether registration was a condition precedent to completion in PRC conveyancing
  3. 3 Which party substantially obtained the reliefs sought and should bear costs

Ratio Decidendi

On the evidence before the Court the SPA was likely lawful and registrable; the Settlement Order granted the plaintiffs substantially all relief sought so plaintiffs were the winners and the 1st and 2nd defendants must pay the plaintiffs' costs with certificates for two counsel.

Court Disposition

Plaintiffs entitled to costs; 1st and 2nd Defendants ordered to pay plaintiffs' costs

Orders

  • 1st and 2nd Defendants to pay the Plaintiffs' costs with certificates for two counsel