30 Jun 2021
HUI TZE HA (許紫霞), the sole executrix of the estate of LAM YIM (林炎), deceased v. HO YUET LIN
- Citation
- [2021] HKCFI 1901
- Court
- Court of First Instance
- Case number
- HCA1420/2016
The SPA was terminated on 19/10/2016 by the defendant’s counterclaim which constituted a clear and unequivocal acceptance of termination; the HK$1,000,000 was not a true deposit but an advance payment and, upon termination, gave rise to a restitutionary claim for unjust enrichment which arose on 19/10/2016 and is within the six‑year limitation; the plaintiff may rely on the post‑writ unjust enrichment cause of action; accordingly the plaintiff is entitled to recover HK$1,000,000 with interest and the defendant’s forfeiture claim is dismissed while the vacating of registration is granted.