陳雲及另一人 對 振威金屬有限公司及另二人

陳雲及另一人 對 振威金屬有限公司及另二人

The plaintiffs' claim based on an alleged oral agreement to sell the property in July 2011 failed because the court did not accept the plaintiffs' evidence and, in any event, agreements for sale of land are unenforceable if not in writing under Cap.219 s3; title passed to the defendants by the 1999 assignment supported by contemporaneous cheques and documents, thus plaintiffs must surrender vacant possession and pay arrears, rates, government rent and mesne profits as assessed.

Citation
[2021] HKCFI 2911
Parties
First Plaintiff: CHAN WAN (陳雲); Second Plaintiff (personal Representative): CHAN WAN (陳雲), personal representative of the Estate of CHAN KAI WING (陳啓榮); First Defendant: CHUN WAI METAL LIMITED (振威金屬有限公司); Second Defendant: HO KWOK WAI (何國威); Third Defendant (personal Representative): HO KWOK WAI (何國威), personal representative of the Estate of TANG PUI CHOI (鄧佩彩)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2021
Case Number
HCA1824/2013
Procedural Posture
Civil Action (property/title Dispute) / Judgment (trial Concluded)
Outcome
Plaintiffs' principal claim for enforcement of an oral sale agreement dismissed; defendants' entitlement to title, vacant possession, arrears, rates, government rent and mesne profits upheld
Legal Topics
Specific Performance, Oral Agreement for Sale of Land, Statute of Frauds (writing Requirement), Title Dispute, Mesne Profits (interim收益), Rent Arrears, Limitation/time Bar
Source Language
CH
Land Law Contract Law Property Transfer Evidence Law Specific Performance Oral Agreement for Sale of Land Statute of Frauds (writing Requirement) Title Dispute +3 more

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Parties

CHAN WAN (陳雲)

First Plaintiff

CHAN WAN (陳雲), personal representative of the Estate of CHAN KAI WING (陳啓榮)

Second Plaintiff (personal Representative)

CHUN WAI METAL LIMITED (振威金屬有限公司)

First Defendant

HO KWOK WAI (何國威)

Second Defendant

HO KWOK WAI (何國威), personal representative of the Estate of TANG PUI CHOI (鄧佩彩)

Third Defendant (personal Representative)

Procedural Posture

Civil Action (property/title Dispute) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether an oral agreement in July 2011 for sale of land for HK$650,000 was concluded and enforceable
  2. 2 Whether the HK$300,000 paid on 15 July 2011 was payment towards purchase price or payment of rent arrears
  3. 3 Whether the 1999 assignment transferred title to the first defendant and whether the deposit was paid

Ratio Decidendi

The plaintiffs' claim based on an alleged oral agreement to sell the property in July 2011 failed because the court did not accept the plaintiffs' evidence and, in any event, agreements for sale of land are unenforceable if not in writing under Cap.219 s3; title passed to the defendants by the 1999 assignment supported by contemporaneous cheques and documents, thus plaintiffs must surrender vacant possession and pay arrears, rates, government rent and mesne profits as assessed.

Court Disposition

Plaintiffs' principal claim for enforcement of an oral sale agreement dismissed; defendants' entitlement to title, vacant possession, arrears, rates, government rent and mesne profits upheld

Orders

  • Plaintiffs must deliver vacant possession of the property to the second and third defendants
  • Plaintiffs must pay outstanding rent of HKD 386710.00 (being HKD 686710.00 less the HKD 300000.00 paid by the second plaintiff on 15 July 2011)