30 Apr 2010
TSE PING SHUN DAVID AND ANOTHER v. LAI HO MAN SHAN GRACE AND ANOTHER
- Citation
- TSE PING SHUN DAVID AND ANOTHER v. LAI HO MAN SHAN GRACE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV97/2009
The Court held that the plaintiffs, by their conduct and continued negotiations (including agreeing to vary dates), affirmed the agreement despite any earlier breach; no necessary implied term required the defendants to provide executed transfers prior to completion; increases in the director's loan were explainable and contemplated by the parties; the defendants could discharge the bank mortgage from completion monies; plaintiffs failed to pay the further deposit and thus defendants were entitled to rescind on 24 October 2005. Accordingly the appeal was dismissed and the judge's decision for…