LAI KAM WAH v. TALENT SUN INVESTMENT LTD

LAI KAM WAH v. TALENT SUN INVESTMENT LTD

Clause 3, read as a whole, bears its plain and ordinary meaning that both vendor and purchaser have the right to cancel the Agreement at any time after 1 October 2009; the Option is not void for uncertainty; the plaintiff validly exercised that Option on 14 May 2011; no triable issues were raised to defeat summary judgment; therefore judgment is entered for the plaintiff and the defendant's appeal is dismissed.

Citation
LAI KAM WAH v. TALENT SUN INVESTMENT LTD
Parties
Plaintiff Vendor: bjbj 2I9; Defendant Purchaser: TALENT SUN INVESTMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2012
Case Number
HCA1166/2011
Procedural Posture
Contract / Property Dispute (summary Judgment; Appeal) / Appeal Heard De Novo From Master Kwang's Summary Judgment Order
Outcome
Appeal dismissed; summary judgment entered for plaintiff; plaintiff's claims in HCA 2524 of 2008 dismissed with costs
Legal Topics
Option to Rescind, Construction of Contract, Summary Judgment, Specific Performance, Estoppel, Capacity/title of Executor/co Administrator
Source Language
EN
Contract Property Civil Procedure Option to Rescind Construction of Contract Summary Judgment Specific Performance Estoppel +1 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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

bjbj 2I9

Plaintiff Vendor

TALENT SUN INVESTMENT LIMITED

Defendant Purchaser

Procedural Posture

Contract / Property Dispute (summary Judgment; Appeal) / Appeal Heard De Novo From Master Kwang's Summary Judgment Order

Legal Issues

  1. 1 Construction and validity of clause 3 conferring an option to cancel after 1 October 2009
  2. 2 Whether the Option is void for uncertainty
  3. 3 Whether the plaintiff validly exercised the Option on 14 May 2011 and can obtain a declaration of rescission/cancellation

Ratio Decidendi

Clause 3, read as a whole, bears its plain and ordinary meaning that both vendor and purchaser have the right to cancel the Agreement at any time after 1 October 2009; the Option is not void for uncertainty; the plaintiff validly exercised that Option on 14 May 2011; no triable issues were raised to defeat summary judgment; therefore judgment is entered for the plaintiff and the defendant's appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment entered for plaintiff; plaintiff's claims in HCA 2524 of 2008 dismissed with costs

Orders

  • Judgment entered in favour of the plaintiff in terms of paragraphs 1 and 2 of the Summons as amended
  • Defendant's appeal dismissed with costs to the plaintiff including certificate for counsel