Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Agreement for sale and purchase

Legal area

Court

21 Sept 1999

WONG PING LAU AND ANOTHER v. CHEUNG CHI HUNG

Citation

WONG PING LAU AND ANOTHER v. CHEUNG CHI HUNG
Court

Court of First Instance
Case number

HCMP2102/1999

Because the purchaser failed to complete and the plaintiffs demonstrated that the purported deposit was not actually paid and that completion did not occur, the Court declared the plaintiffs entitled to determine the Agreement and ordered that the Agreement be vacated from the Land Registry, restoring full legal and equitable ownership to the plaintiffs.
22 Jan 1980

HO KING-YIM v. LAU KING-MO

Citation

HO KING-YIM v. LAU KING-MO
Court

Court of Appeal
Case number

CACV40/1979

The Court held that the registered Agreement for sale and purchase executed and registered before the charging order vested the purchaser with the substantial equitable interest and thus had priority over the charging order; the charging order registered after the Agreement had only limited effect and ceased upon completion, so the purchaser took the land free of the charge; however, a purchaser who had actual notice of the charge may be under an equitable obligation to account to the chargee for the unpaid balance of the purchase money to the extent of the charge.