10 Jan 2005
YU KAM POR v. NEW CENTRAL LTD
- Citation
- YU KAM POR v. NEW CENTRAL LTD
- Court
- District Court
- Case number
- DCCJ7038/2002
The court found on the facts that the deceased only intended to sell a small portion (about 300 sq.ft.), but the plaintiff failed to prove that the defendant had actual knowledge of that mistake. The buy-back option was not validly exercised (no credible proof of payment of HK$100) and the buy-back agreement was uncertain as drafted. Therefore rectification, specific performance or rescission were not available and the plaintiff's claim is dismissed.