MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS

MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS

Clause 11 did not entitle the 1st defendant to annul the sale because the plaintiff did not insist on removal of the encumbrance; completion was ordered within 14 days and the 1st defendant must execute the assignment in the plaintiff's draft edited only to insert a narrowly worded reference acknowledging the registered claim by Nu Life International (HCA 1157/2006 memorial), rather than wider or inaccurate wording; costs to be borne party and party (no order).

Citation
MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS
Parties
Plaintiff: Mr Murray; 1st Defendant: Healthy Living; 2nd Defendant: Nu Life HK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2006
Case Number
HCA3202/2003
Procedural Posture
Specific Performance (contract for Sale of Land) / Post Judgment Applications for Completion, Directions and Related Declarations
Outcome
Application partially granted for plaintiff: completion ordered and assignment must be executed with specified limited insertion acknowledging the registered claim; vendor's annulment plea dismissed; no order as to costs (each party bears own costs); order nisi.
Legal Topics
Specific Performance, Resulting Trust, Lis Pendens, Assignment of Title, Completion of Sale, Costs, Possession
Source Language
EN
Contract Property Equity Trusts Civil Procedure Specific Performance Resulting Trust Lis Pendens +4 more

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Parties

Mr Murray

Plaintiff

Healthy Living

1st Defendant

Nu Life HK

2nd Defendant

Procedural Posture

Specific Performance (contract for Sale of Land) / Post Judgment Applications for Completion, Directions and Related Declarations

Legal Issues

  1. 1 Whether Nu Life HK or Nu Life International holds a beneficial interest in House 56 under a resulting trust that prevents Healthy Living from conveying good title
  2. 2 Whether clause 11 of the sale agreement permitted Healthy Living to annul the sale for objection/requisition based on a disputed encumbrance
  3. 3 Whether the 1st defendant must execute an assignment reflecting the registered claim (lis pendens) by Nu Life International or may be compelled to assign free of reference to it

Ratio Decidendi

Clause 11 did not entitle the 1st defendant to annul the sale because the plaintiff did not insist on removal of the encumbrance; completion was ordered within 14 days and the 1st defendant must execute the assignment in the plaintiff's draft edited only to insert a narrowly worded reference acknowledging the registered claim by Nu Life International (HCA 1157/2006 memorial), rather than wider or inaccurate wording; costs to be borne party and party (no order).

Court Disposition

Application partially granted for plaintiff: completion ordered and assignment must be executed with specified limited insertion acknowledging the registered claim; vendor's annulment plea dismissed; no order as to costs (each party bears own costs); order nisi.

Orders

  • Plaintiff's summons paragraph 1 dismissed
  • Paragraph 2 of plaintiff's summons: completion to be 14 days from date of judgment, time being of the essence