4 Aug 2015
MANY GAIN INVESTMENT LTD v. CHAN FAI HO
- Citation
- MANY GAIN INVESTMENT LTD v. CHAN FAI HO
- Court
- Court of First Instance
- Case number
- HCA1448/2011
Time of completion was not of the essence at the inception of the Agreement; WC's letter of 15 June 2011 did not make time of the essence, and even if it had, five days was not a reasonable time (court found seven days would be the minimum); Defendant treated the Agreement as rescinded and thereby was in repudiatory breach; Plaintiff entitled to specific performance; Defendant's memorandum of rescission is void and registration must be vacated; Defendant's counterclaim dismissed; costs to Plaintiff.