陳雲及另一人 對 振威金屬有限公司及另二人

陳雲及另一人 對 振威金屬有限公司及另二人

The court found the plaintiffs' account of an oral sale not credible on the evidence and contemporaneous conduct; even if an oral agreement had existed it was unenforceable because contracts for disposition of land require written signed evidence under Cap.219 s3; the 1999 transaction was completed with deposit paid by cheques and assignment executed, so defendants hold legal title; accordingly plaintiffs' proprietary claim failed and defendants were entitled to possession and to recover rent arrears, rates, ground rent and mesne profits as quantified by the court.

Citation
[2021] HKCFI 2911
Parties
First Plaintiff: CHAN WAN; Second Plaintiff, Personal Representative of the Estate of CHAN KAI WING: CHAN WAN; First Defendant: CHUN WAI METAL LIMITED; Second Defendant: HO KWOK WAI; Third Defendant, Personal Representative of the Estate of TANG PUI CHOI: HO KWOK WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2021
Case Number
HCA947/2015
Procedural Posture
Civil (property Dispute) / Judgment at Trial
Outcome
Plaintiffs' claim for enforcement of the alleged oral sale dismissed; defendants entitled to possession and monetary awards for arrears and mesne profits; plaintiffs to pay defendants' costs
Legal Topics
Specific Performance, Statute of Frauds/writing Requirement for Land Contracts (cap.219 S3), Possession and Mesne Profits, Limitation/abandonment of Claims, Credibility Assessment
Source Language
CH
Property Law Contract Law Civil Procedure Equitable Remedies Specific Performance Statute of Frauds/writing Requirement for Land Contracts (cap.219 S3) Possession and Mesne Profits Limitation/abandonment of Claims +1 more

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Parties

CHAN WAN

First Plaintiff

CHAN WAN

Second Plaintiff, Personal Representative of the Estate of CHAN KAI WING

CHUN WAI METAL LIMITED

First Defendant

HO KWOK WAI

Second Defendant

HO KWOK WAI

Third Defendant, Personal Representative of the Estate of TANG PUI CHOI

Procedural Posture

Civil (property Dispute) / Judgment at Trial

Legal Issues

  1. 1 Whether an oral agreement for sale of land (July 2011) existed and was enforceable
  2. 2 Whether payment of HK$300,000 was part payment towards a purchase or payment of rent arrears
  3. 3 Whether the 1999 sale was completed and the defendants hold legal title

Ratio Decidendi

The court found the plaintiffs' account of an oral sale not credible on the evidence and contemporaneous conduct; even if an oral agreement had existed it was unenforceable because contracts for disposition of land require written signed evidence under Cap.219 s3; the 1999 transaction was completed with deposit paid by cheques and assignment executed, so defendants hold legal title; accordingly plaintiffs' proprietary claim failed and defendants were entitled to possession and to recover rent arrears, rates, ground rent and mesne profits as quantified by the court.

Court Disposition

Plaintiffs' claim for enforcement of the alleged oral sale dismissed; defendants entitled to possession and monetary awards for arrears and mesne profits; plaintiffs to pay defendants' costs

Orders

  • Plaintiffs must deliver up vacant possession of the property to the defendants
  • Plaintiffs must pay outstanding sums after deducting HK$300,000 paid: rent HK$386,710.00, rates HK$20,228.33 and ground rent HK$39,095.00