17 Jul 2003
KWOK CHOR SHAN v. EMPIRE PROPERTIES DEVELOPMENT CONSULTANTS LTD
- Citation
- KWOK CHOR SHAN v. EMPIRE PROPERTIES DEVELOPMENT CONSULTANTS LTD
- Court
- District Court
- Case number
- DCCJ14764/2000
The unstamped provisional agreement could not be received in evidence under Stamp Duty Ordinance s.15; the four receipts and cheque did not satisfy the statutory memorandum requirement of s.3 because they lacked the plaintiff's signature and did not state essential terms; however, on the evidence the defendant had effectively repudiated the agreement by long delay and failure to serve notice to complete, and the payments made by the plaintiff were recoverable as money had and received; accordingly the plaintiff was entitled to return of $500,000 with interest and costs.