SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS

SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS

The court allowed only the amendment pleading illegality of the Ting Agreements (false declarations re beneficial ownership and self-use) but refused amendments that impeached the completed sales or sought to impose a condition precedent to sale, and refused the proposed implied 3-year completion term as too vague; directions and costs orders were given accordingly.

Citation
SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS
Parties
1st Plaintiff: Sino Favour Development Limited; 2nd Plaintiff: Shiny Develop Limited; 1st Defendant: Kan Wai Chung; 1st Defendant: Kan Kar Fai; 1st Defendant: Kan Wai Ming; 1st Defendant: Lau Fook Keung; 1st Defendant: Kan For Ping Steven; 2nd Defendant: Barbican Capital Investment Limited; 3rd Defendant: Tsang Wing Kei, Wilkie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2010
Case Number
HCA1517/2005
Procedural Posture
Civil Action (contract, Property, Trust Disputes) / Pre Trial Interlocutory Application to Amend Defence and Counterclaim
Outcome
Amendment allowed in part: plea of illegality allowed; all other proposed amendments refused.
Legal Topics
Illegality, Breach of Contract, Procuring Breach of Contract, Slander of Title, Conspiracy to Injure, Perjury, Amendment of Pleadings, Interlocutory Relief, Order for Sale, Small House Policy
Source Language
EN
Contract Property Trusts and Equity Administrative Law Civil Procedure Illegality Breach of Contract Procuring Breach of Contract +7 more

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Parties

Sino Favour Development Limited

1st Plaintiff

Shiny Develop Limited

2nd Plaintiff

Kan Wai Chung

1st Defendant

Kan Kar Fai

1st Defendant

Kan Wai Ming

1st Defendant

Lau Fook Keung

1st Defendant

Kan For Ping Steven

1st Defendant

Barbican Capital Investment Limited

2nd Defendant

Tsang Wing Kei, Wilkie

3rd Defendant

Procedural Posture

Civil Action (contract, Property, Trust Disputes) / Pre Trial Interlocutory Application to Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether late amendment to plead illegality should be permitted
  2. 2 Whether pleas of illegality and forgery are inconsistent with prior conduct and orders (including Order for Sale)
  3. 3 Whether alleged implied term to complete within 3 years is sufficiently certain to be pleaded

Ratio Decidendi

The court allowed only the amendment pleading illegality of the Ting Agreements (false declarations re beneficial ownership and self-use) but refused amendments that impeached the completed sales or sought to impose a condition precedent to sale, and refused the proposed implied 3-year completion term as too vague; directions and costs orders were given accordingly.

Court Disposition

Amendment allowed in part: plea of illegality allowed; all other proposed amendments refused.

Orders

  • 1st Defendants permitted 7 days to file the allowed amendment
  • Plaintiffs and 2nd and 3rd Defendants permitted 21 days to file consequential amendments if any