4 Jul 2006
LIU CHUNG FAI AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
- Citation
- LIU CHUNG FAI AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4610/2003
The court held that, on the pleaded facts, once the Consent to Assign issued the plaintiffs were called to complete and failed to do so; the implied-term and misrepresentation pleadings were vague, unnecessary or mere opinions and therefore unarguable; allegations of fraud lacked required particularity; title and notice arguments were untenable on the Consent Scheme; accordingly the plaintiffs' claims and defences were plainly unsustainable and were struck out and proposed amendments (except those relating to the 2nd defendant) were dismissed.