EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LTD v. KOSASIH MUANTO

EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LTD v. KOSASIH MUANTO

The vendor breached obligations to deliver and perfect title and the property's title was wholly bad at all relevant times; a vendor cannot rely on the purchaser's failure to raise requisitions to force a wholly bad title on the purchaser; accordingly the vendor had no right to retain the Deposit and the plaintiff succeeded on liability for damages; however specific performance was refused because the plaintiff did not come with clean hands given his conduct and mistakes.

Citation
EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LTD v. KOSASIH MUANTO
Parties
Plaintiff: EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LIMITED; Defendant: KOSASIH MUANTO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 March 2012
Case Number
DCCJ1402/2010
Procedural Posture
Civil Breach of Contract (sale of Land) / Judgment at Trial
Outcome
Judgment entered for plaintiff; defendant's counterclaim struck out; specific performance refused; damages to be assessed; order nisi for costs in favour of plaintiff
Legal Topics
Specific Performance, Title Defects, Requisition on Title, Completion Date Extension, Deposit Retention
Source Language
EN
Contract Property Equity Specific Performance Title Defects Requisition on Title Completion Date Extension Deposit Retention

Case Brief

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Parties

EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LIMITED

Plaintiff

KOSASIH MUANTO

Defendant

Procedural Posture

Civil Breach of Contract (sale of Land) / Judgment at Trial

Legal Issues

  1. 1 Whether the purchaser waived right to raise requisitions and thereby accepted title
  2. 2 Whether the vendor repudiated the contract by failing to deliver good title and clear incumbrances
  3. 3 Whether a wholly bad title can be forced on the purchaser despite failure to raise requisitions

Ratio Decidendi

The vendor breached obligations to deliver and perfect title and the property's title was wholly bad at all relevant times; a vendor cannot rely on the purchaser's failure to raise requisitions to force a wholly bad title on the purchaser; accordingly the vendor had no right to retain the Deposit and the plaintiff succeeded on liability for damages; however specific performance was refused because the plaintiff did not come with clean hands given his conduct and mistakes.

Court Disposition

Judgment entered for plaintiff; defendant's counterclaim struck out; specific performance refused; damages to be assessed; order nisi for costs in favour of plaintiff

Orders

  • Judgment entered for the plaintiff
  • Defendant's counterclaim struck out