11 Dec 1997
CHEUNG YUET KIU v. NEW FUND DEVELOPMENT LTD. AND CHUNG TIM FAT (Third Party)
- Citation
- CHEUNG YUET KIU v. NEW FUND DEVELOPMENT LTD. AND CHUNG TIM FAT (Third Party)
- Court
- Court of First Instance
- Case number
- HCA4660/1997
Even if the completion date was 3 March, the Defendant was unable to perform its concurrent obligation to convey because it had not itself received title; therefore time ceased to be of the essence, the Plaintiff had a reasonable time to complete, the Defendant's attempt to treat the Plaintiff's non‑tender as repudiation was unfounded, and the Plaintiff was entitled to summary judgment; limiting the summons to alternative relief did not constitute repudiation by the Plaintiff.