26 Sept 2006
PIONEER WAY DEVELOPMENT LTD v. CHEUNG MARY
- Citation
- PIONEER WAY DEVELOPMENT LTD v. CHEUNG MARY
- Court
- Court of First Instance
- Case number
- HCA717/2005
The PSPA, read in its entirety including additional Clauses A-C and E-G, conveyed the premises together with the rights, benefits and obligations under the Development Agreement; the defendant had an implied contractual duty to cooperate in obtaining the developer's consent and by refusing to confirm assignment she obstructed the consent process; performance remained practicable by following the assignment and guarantee documents proposed by the developer's solicitors (JSM 24 March 2005); accordingly specific performance ordering assignment on those terms was appropriate.