GUO JIANJUN AND ANOTHER v. DRAGON FAME INVESTMENT LTD

GUO JIANJUN AND ANOTHER v. DRAGON FAME INVESTMENT LTD

Leave to appeal dismissed. The court affirmed that the vendor breached the implied obligation to provide the certificate within a reasonable time because delivery at 6:07 pm on the completion day, after office hours, did not afford the purchasers' solicitors a reasonable opportunity to verify the identity and...

Source-derived case information.

Citation
GUO JIANJUN AND ANOTHER v. DRAGON FAME INVESTMENT LTD
Parties
1st Plaintiff / 1st Respondent: Guo Jianjun; 2nd Plaintiff / 2nd Respondent: Midway International Consultants Limited; Defendant / Applicant: Dragon Fame Investment Limited
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
8 July 2016
Case Number
FAMV11/2016
Procedural Posture
Application for Leave to Appeal (civil) From CACV 131 of 2014 / Determination by Appeal Committee (application for Leave Dismissed)
Outcome
Application for leave to appeal dismissed with costs; monies in court released to respondents.
Legal Topics
Implied Terms, Reasonable Time for Performance, Completion Rules (midnight Rule), Forfeiture of Deposit, Verification of Professional Status
Source Language
en
Contract Law Property Law Civil Procedure Real Estate Conveyancing Implied Terms Reasonable Time for Performance Completion Rules (midnight Rule) Forfeiture of Deposit +1 more

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Parties

Guo Jianjun

1st Plaintiff / 1st Respondent

Midway International Consultants Limited

2nd Plaintiff / 2nd Respondent

Dragon Fame Investment Limited

Defendant / Applicant

Procedural Posture

Application for Leave to Appeal (civil) From CACV 131 of 2014 / Determination by Appeal Committee (application for Leave Dismissed)

Legal Issues

  1. 1 Whether vendor breached an implied term to provide a certification within a reasonable time before completion
  2. 2 Whether the court assessing breach of an implied reasonable time term is confined to facts existing at contract formation or may consider later events
  3. 3 Whether Kensland imposes a general rule that implied reasonable times must fall before the end of office hours when the midnight rule applies

Ratio Decidendi

Leave to appeal dismissed. The court affirmed that the vendor breached the implied obligation to provide the certificate within a reasonable time because delivery at 6:07 pm on the completion day, after office hours, did not afford the purchasers' solicitors a reasonable opportunity to verify the identity and registration status of the signatory; the factual finding and legal approach of the lower courts were correct and not reasonably arguable on the law advanced.

Court Disposition

Application for leave to appeal dismissed with costs; monies in court released to respondents.

Orders

  • Application for leave to appeal dismissed with costs.
  • All monies in court, including interest, released forthwith to the respondents.