LO CHUN NIN, EDDY v. TAM YIU CHI

LO CHUN NIN, EDDY v. TAM YIU CHI

The summary judgment application as amended failed because it sought relief on a case that differed from the pleaded case and because the interpretation of Clause 5E (whether payment obligation was conditional on completion and proof of title) was arguably a matter for trial; the striking out application failed because the impugned paragraphs were relevant and the pleading on requisitions, though imperfect, contained sufficient particulars to avoid striking out.

Citation
LO CHUN NIN, EDDY v. TAM YIU CHI
Parties
Plaintiff (by Original Action); Defendant (by Counterclaim): Lo Chun Nin, Eddy; Defendant (by Original Action); Plaintiff (by Counterclaim): Tam Yiu Chi; Defendant (by Counterclaim): Buildfont Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2002
Case Number
HCA20869/1998
Procedural Posture
Civil Action Contractual Dispute Over Sale of Property; Counterclaim for Specific Performance/damages / Interlocutory Applications Pre Trial (summary Judgment/striking Out Applications Dismissed); Case Ready for Trial
Outcome
Both the summary judgment application as amended and the striking out application were dismissed; the court made an order nisi for costs against the plaintiff by original action.
Legal Topics
Specific Performance, Summary Judgment, Striking Out Pleadings, Forfeiture of Deposit, Repudiatory Breach, Requisition on Title, Interpretation of Contractual Clause
Source Language
EN
Contract Law Property Law Civil Procedure Land Registration Law Specific Performance Summary Judgment Striking Out Pleadings Forfeiture of Deposit +3 more

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Parties

Lo Chun Nin, Eddy

Plaintiff (by Original Action); Defendant (by Counterclaim)

Tam Yiu Chi

Defendant (by Original Action); Plaintiff (by Counterclaim)

Buildfont Company Limited

Defendant (by Counterclaim)

Procedural Posture

Civil Action Contractual Dispute Over Sale of Property; Counterclaim for Specific Performance/damages / Interlocutory Applications Pre Trial (summary Judgment/striking Out Applications Dismissed); Case Ready for Trial

Legal Issues

  1. 1 Whether summary judgment could be granted on the applicant's amended summons notwithstanding the pleaded case
  2. 2 Whether Clause 5E obliged the purchaser to pay the balance independently of completion or proof of title
  3. 3 Whether specific paragraphs of the defence and counterclaim should be struck out as irrelevant or insufficiently pleaded

Ratio Decidendi

The summary judgment application as amended failed because it sought relief on a case that differed from the pleaded case and because the interpretation of Clause 5E (whether payment obligation was conditional on completion and proof of title) was arguably a matter for trial; the striking out application failed because the impugned paragraphs were relevant and the pleading on requisitions, though imperfect, contained sufficient particulars to avoid striking out.

Court Disposition

Both the summary judgment application as amended and the striking out application were dismissed; the court made an order nisi for costs against the plaintiff by original action.

Orders

  • Summary judgment application as amended dismissed
  • Striking out application dismissed