YEUNG KAM YAU AND ANOTHER v. LAU LAWERENCE WING CHEE AND ANOTHER

YEUNG KAM YAU AND ANOTHER v. LAU LAWERENCE WING CHEE AND ANOTHER

The vendor failed to produce the written consent for side windows by completion and did not satisfactorily answer the requisition; that failure constituted a repudiatory breach permitting the purchasers to lawfully terminate the agreement; subsequent production of the consent did not remedy the vendor's breach or affect the purchasers' right to rescind.

Citation
YEUNG KAM YAU AND ANOTHER v. LAU LAWERENCE WING CHEE AND ANOTHER
Parties
1st Plaintiff: Yeung Kam Yau; 2nd Plaintiff: Lam Kiu; 1st Defendant: Lau Lawerence Wing Chee; 2nd Defendant: Mok Pui Man Paula
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 March 2002
Case Number
DCMP3206/2001
Procedural Posture
Vendor and Purchaser Summons / Judgment (district Court)
Outcome
Agreement lawfully terminated by the Plaintiffs for vendor's repudiatory breach; defendants ordered to repay deposit with interest; costs reserved by order nisi.
Legal Topics
Good Title, Requisitions, Rescission for Repudiatory Breach, Completion, Land Grant Consent for Alterations
Source Language
EN
Conveyancing Property Law Contract Law Good Title Requisitions Rescission for Repudiatory Breach Completion Land Grant Consent for Alterations

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Parties

Yeung Kam Yau

1st Plaintiff

Lam Kiu

2nd Plaintiff

Lau Lawerence Wing Chee

1st Defendant

Mok Pui Man Paula

2nd Defendant

Procedural Posture

Vendor and Purchaser Summons / Judgment (district Court)

Legal Issues

  1. 1 Whether the vendor satisfactorily answered purchaser's requisitions to show good title
  2. 2 Whether the side windows requisition was properly raised and specific
  3. 3 Whether failure to produce written consent for side windows at completion was a repudiatory breach entitling rescission

Ratio Decidendi

The vendor failed to produce the written consent for side windows by completion and did not satisfactorily answer the requisition; that failure constituted a repudiatory breach permitting the purchasers to lawfully terminate the agreement; subsequent production of the consent did not remedy the vendor's breach or affect the purchasers' right to rescind.

Court Disposition

Agreement lawfully terminated by the Plaintiffs for vendor's repudiatory breach; defendants ordered to repay deposit with interest; costs reserved by order nisi.

Orders

  • Defendants to repay HK$96,000 to the Plaintiffs with interest at 8.72% from the date of the originating summons to the date of judgment and thereafter at judgment rate to final payment
  • Order nisi that Defendants pay the costs of the Plaintiffs of this action, to be taxed if not agreed