25 Nov 1994
CHU KIT YUK AND ANOTHER v. COUNTRY WIDE INDUSTRIAL LTD AND OTHERS
- Citation
- CHU KIT YUK AND ANOTHER v. COUNTRY WIDE INDUSTRIAL LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV126/1994
The provisional printed forms of 11 March 1991 constituted immediately binding contracts for the sale of the vendor's interests in the flats; the forms preferred novation as the method of performance but did not make novation the only mode so as to defeat the purchasers' rights if novation failed; extrinsic evidence was inadmissible to alter the written terms; where equities are equal the first in time (the first purchasers) prevail, and no unconscionable conduct or exceptional hardship justified postponing them to the second purchasers, so specific performance was ordered for the first purch…