8 Nov 2000
LAM SAU WAH v. TAM CHI HUNG AND ANOTHER
- Citation
- LAM SAU WAH v. TAM CHI HUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP3135/2000
The Notice of Appeal constituted a lis pendens and remained a blot on the register; although the vendor likely had priority and could in principle resist any claim, the existence of the registered Notice meant the purchasers would in practice be required to initiate proceedings to remove the blot, and under the contractual warranties (clauses 5, 23 and 33) the purchasers were entitled to rescind. Accordingly the vendor had not demonstrated that he could convey a good title and the plaintiff's claims were dismissed.