2 Sept 2009
SHIH PHILIP v. LI WAI KEUNG
- Citation
- SHIH PHILIP v. LI WAI KEUNG
- Court
- Court of Appeal
- Case number
- CACV77/2009
The transaction was a genuine sale with a buy‑back arrangement, not a mortgage; the option to repurchase had not been exercised; there was no clog on the equity of redemption and the agreement was not unconscionable or penal, therefore the judge below was correct and the appeal must be dismissed.
- Sale with buy-back
- Characterisation of transaction (sale v mortgage)
- Clog on equity of redemption
- Unconscionability
- Penalty clause
- Contract construction and factual matrix