28 May 1993
WEST RIVER DEVELOPMENT LTD. v. ROSERIC LTD. and CHAN LAU and WAI (Third Party)
- Citation
- WEST RIVER DEVELOPMENT LTD. v. ROSERIC LTD. and CHAN LAU and WAI (Third Party)
- Court
- Court of First Instance
- Case number
- HCA9220/1992
The appeal is dismissed: where a vendor has effectively sold the same property twice and thereby voluntarily disabled or risked loss of ability to convey, the Bain v. Fothergill limitation does not apply and the second purchaser is entitled to damages for loss of bargain; in Hong Kong the historical rationale for the Rule is weakened by the land registration system and the Rule should not be followed to bar recovery of full damages in these circumstances.