Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Instrument of transfer
  • 3 Apr 1997

    LAI HUNG CHI ROSON THOMAS and Another v. KAN SHU KUN

    Citation
    LAI HUNG CHI ROSON THOMAS and Another v. KAN SHU KUN
    Court
    Court of First Instance
    Case number
    HCA2644/1993

    The handwritten agreement of 20.2.93 evidenced the parties' intention to be bound, having been negotiated for hours under the supervision and drafting of the defendant's solicitor and signed and witnessed; accordingly specific performance of Clauses 1-4, 6-13 and 15 was ordered. Claims that the agreement was a mere draft or procured by duress were unsupported and not pleaded timely. The 2nd Plaintiff failed to prove trickery as to the Declaration of Trust and Instrument of Transfer. The Defendant's counterclaim for possession and mesne profits failed for lack of credible evidence. Costs were…