SHUM SIU YUK AND ANOTHER v. LIU TSIN WAI AND ANOTHER

SHUM SIU YUK AND ANOTHER v. LIU TSIN WAI AND ANOTHER

Paragraph 4(3) (purchase by attorney or nominee) read together with paragraph 7 (contemplation of a change of party) establishes that the purchaser could arrange for another to be the contracting party; the defendants' refusal to accept the nominee was unjustified and therefore specific performance of the Chinese agreement was ordered.

Citation
SHUM SIU YUK AND ANOTHER v. LIU TSIN WAI AND ANOTHER
Parties
1st Plaintiff: Shum Siu Yuk; 2nd Plaintiff: Chin Lai Kuen; 1st Defendant: Liu Tsin Wai; 2nd Defendant: Liu Man Sau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 1992
Case Number
HCA8202/1991
Procedural Posture
Contract for Sale of Land Specific Performance / Judgment (high Court)
Outcome
Decree for specific performance of the Chinese agreement in favour of the plaintiffs; costs to be determined on further hearing.
Legal Topics
Specific Performance, Nomination, Assignment, Forfeiture of Deposit, Construction of Contract, Implied Terms
Source Language
EN
Contract Property Specific Performance Nomination Assignment Forfeiture of Deposit Construction of Contract Implied Terms

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Parties

Shum Siu Yuk

1st Plaintiff

Chin Lai Kuen

2nd Plaintiff

Liu Tsin Wai

1st Defendant

Liu Man Sau

2nd Defendant

Procedural Posture

Contract for Sale of Land Specific Performance / Judgment (high Court)

Legal Issues

  1. 1 Whether the purchaser (P1) was entitled to nominate a third party to complete the purchase
  2. 2 Whether a written nomination had to be delivered with the formal contract by the contractual deadline
  3. 3 Whether the document executed by P1 was an assignment rather than a nomination

Ratio Decidendi

Paragraph 4(3) (purchase by attorney or nominee) read together with paragraph 7 (contemplation of a change of party) establishes that the purchaser could arrange for another to be the contracting party; the defendants' refusal to accept the nominee was unjustified and therefore specific performance of the Chinese agreement was ordered.

Court Disposition

Decree for specific performance of the Chinese agreement in favour of the plaintiffs; costs to be determined on further hearing.

Orders

  • Decree for specific performance of the Chinese agreement.
  • Costs to be heard/determined on a further hearing.