LI AH SHUN v. HSIEH HAW SHANE, GRAY and Another

LI AH SHUN v. HSIEH HAW SHANE, GRAY and Another

The court found the Plaintiff's evidence unreliable and fabricated, accepted the 2nd Defendant's evidence that the provisional sale and purchase agreement was a genuine contract for her own purchase with no unauthorised amendments, found delays were largely attributable to the Plaintiff, and therefore exercised its equitable discretion to order specific performance of the provisional agreement.

Citation
LI AH SHUN v. HSIEH HAW SHANE, GRAY and Another
Parties
Plaintiff: Li Ah Shun; 1st Defendant: Hsieh Haw Shane, Gray; 2nd Defendant: Leung Cheuk See, Beatrice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 1994
Case Number
HCMP2691/1991
Procedural Posture
Miscellaneous Proceedings (originating Summons Converted to Action) / Judgment After Trial
Outcome
Plaintiff's claims dismissed; counterclaim by 2nd Defendant for specific performance allowed.
Legal Topics
Specific Performance, Registration of Provisional Sale and Purchase Agreements, Credibility of Witnesses, Contract Amendment and Execution, Delay and Laches, Mutuality of Remedies
Source Language
EN
Conveyancing Contract Equity Property Law Civil Procedure Specific Performance Registration of Provisional Sale and Purchase Agreements Credibility of Witnesses +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Li Ah Shun

Plaintiff

Hsieh Haw Shane, Gray

1st Defendant

Leung Cheuk See, Beatrice

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (originating Summons Converted to Action) / Judgment After Trial

Legal Issues

  1. 1 Whether the provisional sale and purchase agreement was genuine and binding on the Plaintiff
  2. 2 Whether unauthorised amendments were made to the provisional agreement
  3. 3 Whether the Plaintiff's asserted arrangement for an exchange of flats was fabricated

Ratio Decidendi

The court found the Plaintiff's evidence unreliable and fabricated, accepted the 2nd Defendant's evidence that the provisional sale and purchase agreement was a genuine contract for her own purchase with no unauthorised amendments, found delays were largely attributable to the Plaintiff, and therefore exercised its equitable discretion to order specific performance of the provisional agreement.

Court Disposition

Plaintiff's claims dismissed; counterclaim by 2nd Defendant for specific performance allowed.

Orders

  • Dismissal of all claims for relief made by the Plaintiff
  • Specific performance of the 2nd provisional sale and purchase agreement ordered