TAI DA TRADING (HK) CO LTD v. CHAN WAI KUEN

TAI DA TRADING (HK) CO LTD v. CHAN WAI KUEN

The judge held there were factual and legal disputes about whether the purchaser had an entitlement to seven working days after receipt of title deeds, whether the defendant validly accepted repudiation or waived that right by subsequent conduct, and whether completion was tendered before the deadline; these triable issues made summary judgment inappropriate and the appeal against the master's dismissal of the summons was dismissed.

Citation
TAI DA TRADING (HK) CO LTD v. CHAN WAI KUEN
Parties
Purchaser: Plaintiff; Vendor: Defendant; Third Party (vendor's Solicitors): HN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2013
Case Number
HCA812/2012
Procedural Posture
Conveyancing / Contract Dispute / Appeal From Master Against Dismissal of Order 14 Summary Judgment Application
Outcome
Appeal dismissed; summary judgment refused and matter to proceed to trial on triable issues
Legal Topics
Specific Performance, Summary Judgment, Forfeiture of Deposit, Title to Property, Requisition on Title, Waiver, Repudiation
Source Language
EN
Contract Property Equity Civil Procedure Specific Performance Summary Judgment Forfeiture of Deposit Title to Property +3 more

Case Brief

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Parties

Plaintiff

Purchaser

Defendant

Vendor

HN

Third Party (vendor's Solicitors)

Procedural Posture

Conveyancing / Contract Dispute / Appeal From Master Against Dismissal of Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether purchaser was entitled to seven working days after receipt of title deeds to raise requisitions thereby postponing completion
  2. 2 Whether defendant validly accepted repudiation and forfeited deposits or waived that right by subsequent conduct
  3. 3 Whether there are triable issues rendering summary judgment inappropriate

Ratio Decidendi

The judge held there were factual and legal disputes about whether the purchaser had an entitlement to seven working days after receipt of title deeds, whether the defendant validly accepted repudiation or waived that right by subsequent conduct, and whether completion was tendered before the deadline; these triable issues made summary judgment inappropriate and the appeal against the master's dismissal of the summons was dismissed.

Court Disposition

Appeal dismissed; summary judgment refused and matter to proceed to trial on triable issues

Orders

  • Costs of the appeal to be the defendant's and HN's costs in the cause in respect of the main action to be taxed if not agreed