15 Jan 2010
LAWIN (H.K.) LTD v. OCCUPIERS OF SECTION C OF LOT NO. 154 IN DEMARCATION DISTRICTNO. 19 TAI PO,NEW TERRITORIES, HONG KONG AND OTHERS
- Citation
- LAWIN (H.K.) LTD v. OCCUPIERS OF SECTION C OF LOT NO. 154 IN DEMARCATION DISTRICTNO. 19 TAI PO,NEW TERRITORIES, HONG KONG AND OTHERS
- Court
- District Court
- Case number
- DCCJ5205/2008
The court upheld the Master's decision and granted unconditional leave to defend because the defendants demonstrated arguable, bona fide defences: part‑performance (payments and possession) can overcome formal defects under section 5 via section 7 CPO, and alleged breach of a non‑alienation/building licence clause does not conclusively deprive Best Star of capacity to contract; late production of the building licence was not admitted absent special grounds but would not necessarily be determinative.