YEAR HARVEST INVESTMENTS LTD v. LABOUR BUILDINGS LTD

YEAR HARVEST INVESTMENTS LTD v. LABOUR BUILDINGS LTD

The court found the Defendant committed repudiatory breaches by failing to deliver the original title deeds before completion and by failing to effect timely transfers of the guesthouse licences; the notice of annulment was ineffective and, on those breaches, summary judgment was entered for the Plaintiff entitling it to return of the deposit with interest and damages to be assessed.

Citation
YEAR HARVEST INVESTMENTS LTD v. LABOUR BUILDINGS LTD
Parties
Purchaser: Plaintiff; Vendor: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 February 2010
Case Number
HCA1899/2008
Procedural Posture
Conveyancing Sale Summary Judgment / Summary Judgment Hearing and Judgment
Outcome
Summary judgment for the Plaintiff
Legal Topics
Title Deeds, Guesthouse Licences, Repudiatory Breach, Annulment, Deposit Recovery
Source Language
EN
Property Law Contract Law Civil Procedure Title Deeds Guesthouse Licences Repudiatory Breach Annulment Deposit Recovery

Case Brief

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Parties

Plaintiff

Purchaser

Defendant

Vendor

Procedural Posture

Conveyancing Sale Summary Judgment / Summary Judgment Hearing and Judgment

Legal Issues

  1. 1 Whether the Defendant failed to furnish original or certified copies of the title deeds before completion
  2. 2 Whether the Defendant failed to transfer the two guesthouse licences (condition precedent) on or before completion
  3. 3 What was the effect of the Defendant's notice of annulment dated 22 September 2008

Ratio Decidendi

The court found the Defendant committed repudiatory breaches by failing to deliver the original title deeds before completion and by failing to effect timely transfers of the guesthouse licences; the notice of annulment was ineffective and, on those breaches, summary judgment was entered for the Plaintiff entitling it to return of the deposit with interest and damages to be assessed.

Court Disposition

Summary judgment for the Plaintiff

Orders

  • Declaration that the Defendant has not shown good title to the property at 11 Changsha Street, Kowloon
  • Declaration that the Defendant failed to fulfil the condition precedent to completion by failing to transfer the two guesthouse licences (Tatami and Hampton)