WONG PAK WING AND ANOTHER v. PEI MUN LING ANNY

WONG PAK WING AND ANOTHER v. PEI MUN LING ANNY

Summary judgment for the Purchasers was refused because the Vendor demonstrated an arguable defence on the PSPA's validity (Para 4(b) incorporation and Clause 17 arguments) and the Purchasers had failed to plead the necessary unjust enrichment element for restitution; the registration was wrongful because the action asserted only a monetary claim and no proprietary lien existed, so judgment on liability was entered for the Vendor on the wrongful registration claim and the HK$200,000 paid into court was ordered paid out to the Vendor.

Citation
WONG PAK WING AND ANOTHER v. PEI MUN LING ANNY
Parties
1st Plaintiff: WONG PAK WING; 2nd Plaintiff: LEE KAM YEE; Defendant: PEI MUN LING ANNY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 October 2015
Case Number
DCCJ252/2015
Procedural Posture
Civil Summary Judgment Application and Counterclaim (wrongful Registration) / District Court Judgment on Order 14 Summons and Counterclaim (liability)
Outcome
Order 14 Summons dismissed; judgment entered for Vendor on Wrongful Registration Claim (liability); damages to be assessed; HK$200,000 paid into court ordered to be paid out to Vendor with any interest; costs awarded to Vendor
Legal Topics
Order 14 Summary Judgment, Void Contract Under Statutory Restriction, S17 B Housing Ordinance, Lis Pendens / Wrongful Registration, Deposit Forfeiture, Unjust Enrichment Elements
Source Language
EN
Housing Law Contract Law Restitution / Unjust Enrichment Property Law (land Registration) Civil Procedure (summary Judgment) Order 14 Summary Judgment Void Contract Under Statutory Restriction S17 B Housing Ordinance +3 more

Case Brief

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Parties

WONG PAK WING

1st Plaintiff

LEE KAM YEE

2nd Plaintiff

PEI MUN LING ANNY

Defendant

Procedural Posture

Civil Summary Judgment Application and Counterclaim (wrongful Registration) / District Court Judgment on Order 14 Summons and Counterclaim (liability)

Legal Issues

  1. 1 Whether the provisional sale and purchase agreement (PSPA) was void under s17B Housing Ordinance for non-compliance with HOS resale restrictions
  2. 2 Whether summary judgment under Order 14 should be granted to the Purchasers
  3. 3 Whether Purchasers pleaded and proved unjust enrichment / restitution to recover deposit

Ratio Decidendi

Summary judgment for the Purchasers was refused because the Vendor demonstrated an arguable defence on the PSPA's validity (Para 4(b) incorporation and Clause 17 arguments) and the Purchasers had failed to plead the necessary unjust enrichment element for restitution; the registration was wrongful because the action asserted only a monetary claim and no proprietary lien existed, so judgment on liability was entered for the Vendor on the wrongful registration claim and the HK$200,000 paid into court was ordered paid out to the Vendor.

Court Disposition

Order 14 Summons dismissed; judgment entered for Vendor on Wrongful Registration Claim (liability); damages to be assessed; HK$200,000 paid into court ordered to be paid out to Vendor with any interest; costs awarded to Vendor

Orders

  • Order 14 Summons dismissed
  • Purchasers to pay costs of the Order 14 Summons to the Vendor forthwith (with certificate for counsel), to be taxed if not agreed