YU MA KWAI v. VAMPIO LTD AND ANOTHER

YU MA KWAI v. VAMPIO LTD AND ANOTHER

On the evidence before the court, the plaintiff's affirmation did not establish that withdrawal of the claim was a condition precedent or that the alleged representations relied on by defendants were made in the terms asserted; consequently the easement was provisionally treated as binding and the defendants demonstrated good cause under s19 Cap.128 to have the lis pendens set aside.

Citation
YU MA KWAI v. VAMPIO LTD AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2008
Case Number
DCCJ4176/2008
Procedural Posture
Application to Vacate Lis Pendens (property Dispute) / Interlocutory Decision (chambers Hearing)
Outcome
Lis pendens set aside; provisional finding that the easement agreement is binding; costs ordered nisi in favour of defendants
Legal Topics
Lis Pendens, Easement Agreement, Condition Precedent, Rescission, Costs
Source Language
EN
Property Law Land Registration Civil Procedure Equity Lis Pendens Easement Agreement Condition Precedent Rescission +1 more

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Application to Vacate Lis Pendens (property Dispute) / Interlocutory Decision (chambers Hearing)

Legal Issues

  1. 1 Whether the easement agreement is enforceable
  2. 2 Whether withdrawal of the plaintiff's claim was a condition precedent to the easement
  3. 3 Whether defendants made representations entitling plaintiff to rescind the easement

Ratio Decidendi

On the evidence before the court, the plaintiff's affirmation did not establish that withdrawal of the claim was a condition precedent or that the alleged representations relied on by defendants were made in the terms asserted; consequently the easement was provisionally treated as binding and the defendants demonstrated good cause under s19 Cap.128 to have the lis pendens set aside.

Court Disposition

Lis pendens set aside; provisional finding that the easement agreement is binding; costs ordered nisi in favour of defendants

Orders

  • Set aside the lis pendens registered 26 September 2008 against the defendants' land
  • Order made in terms of paragraph 1 of the defendants' summons