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

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

The Court found insufficient contemporaneous evidence that Nu Life HK acquired and retained any equitable interest; Nu Life HK had not registered any interest and plaintiff was a purchaser for value without notice. Under the CPO and LRO an unregistered equitable interest cannot defeat such a purchaser. Therefore Nu Life HK could not prevent specific performance and the plaintiff was entitled to specific performance and damages.

Citation
MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS
Parties
Plaintiff: Mr Murray; 1st Defendant: Healthy Living Products Limited; 2nd Defendant: Nu Life International (Hong Kong) Limited; 3rd Defendant: Jawid Khan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2006
Case Number
HCA3202/2003
Procedural Posture
Contract for Sale of Land Specific Performance / Trial Judgment (deputy High Court Judge)
Outcome
Specific performance granted; plaintiff entitled to damages; completion date fixed with liberty to apply
Legal Topics
Specific Performance, Resulting Trust, Constructive Trust, Notice, Registration of Equitable Interests, Misrepresentation/damages
Source Language
EN
Property Law Equity Contract Law Conveyancing Land Registration Specific Performance Resulting Trust Constructive Trust +3 more

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Parties

Mr Murray

Plaintiff

Healthy Living Products Limited

1st Defendant

Nu Life International (Hong Kong) Limited

2nd Defendant

Jawid Khan

3rd Defendant

Procedural Posture

Contract for Sale of Land Specific Performance / Trial Judgment (deputy High Court Judge)

Legal Issues

  1. 1 Whether a third party (Nu Life HK) held a beneficial/equitable interest capable of preventing specific performance
  2. 2 Whether plaintiff had actual or constructive notice of any third party equitable interest
  3. 3 Whether Nu Life HK acquired the beneficial interest from Nu Life International in 2000 and retained it

Ratio Decidendi

The Court found insufficient contemporaneous evidence that Nu Life HK acquired and retained any equitable interest; Nu Life HK had not registered any interest and plaintiff was a purchaser for value without notice. Under the CPO and LRO an unregistered equitable interest cannot defeat such a purchaser. Therefore Nu Life HK could not prevent specific performance and the plaintiff was entitled to specific performance and damages.

Court Disposition

Specific performance granted; plaintiff entitled to damages; completion date fixed with liberty to apply

Orders

  • Specific performance ordered in favour of the Plaintiff
  • Completion fixed on 30 May 2006 with liberty to apply