TANG CHI WAI v. LAI YIK TING

TANG CHI WAI v. LAI YIK TING

Defendant failed to prove good title prior to the agreed completion date because the 1st and 2nd requisitions were not answered satisfactorily; the risk of enforcement was not remote or fanciful; therefore summary judgment is warranted: plaintiff entitled to repayment of deposits with interest, damages to be assessed, and an equitable lien over the property as security.

Citation
TANG CHI WAI v. LAI YIK TING
Parties
Plaintiff (purchaser): Tang Chi Wai; Defendant (vendor): Lai Yik Ting
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 February 2016
Case Number
DCCJ3844/2013
Procedural Posture
Civil Action Sale and Purchase of Land; Summary Judgment Application Under Order 86 / Summary Judgment (decision)
Outcome
Summary judgment entered for the plaintiff
Legal Topics
Summary Judgment, Purchaser's Lien, Forfeiture of Deposit, Good Title, Requisitions, Certificates of Exemption, Occupation Permit, Applicability of Buildings Ordinance
Source Language
EN
Conveyancing Property Law Civil Procedure Equity Building and Planning Law Summary Judgment Purchaser's Lien Forfeiture of Deposit +5 more

Case Brief

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Parties

Tang Chi Wai

Plaintiff (purchaser)

Lai Yik Ting

Defendant (vendor)

Procedural Posture

Civil Action Sale and Purchase of Land; Summary Judgment Application Under Order 86 / Summary Judgment (decision)

Legal Issues

  1. 1 Whether the vendor proved good title prior to completion by satisfactorily answering purchaser's requisitions
  2. 2 Whether the Redevelopment Approval conditions had been complied with (1st requisition)
  3. 3 Whether construction commenced on or before 16 October 1987 so as to determine applicability of the 1961 or 1987 Ordinance (2nd requisition)

Ratio Decidendi

Defendant failed to prove good title prior to the agreed completion date because the 1st and 2nd requisitions were not answered satisfactorily; the risk of enforcement was not remote or fanciful; therefore summary judgment is warranted: plaintiff entitled to repayment of deposits with interest, damages to be assessed, and an equitable lien over the property as security.

Court Disposition

Summary judgment entered for the plaintiff

Orders

  • Judgment for plaintiff for repayment of deposits HK$275,000.00
  • Interest on HK$275,000 at the judgment rate from date of writ to date of payment