Hong Kong Case Law: Decisions & Judgments

Topic

Completion of sale and purchase

Legal area

Court

22 Jan 2010

STAR RAINBOW INVESTMENTS LTD v. LIN PAI CHING AND OTHERS

Citation

STAR RAINBOW INVESTMENTS LTD v. LIN PAI CHING AND OTHERS
Court

Court of First Instance
Case number

HCA2410/2009

Clause 8(b) imposed a present, unconditional obligation on the 1st and 2nd defendants to procure discharge/vacation of the charging orders before completion; the defendants had taken no steps and the plaintiff demonstrated a high degree of success such that a mandatory interlocutory injunction was justified; accordingly leave to appeal under s14AA was refused because there was no reasonable prospect of success or other reason in the interests of justice.
10 Apr 2008

TIN SHUI WAI DEVELOPMENT LTD v. LI SING CHOI AND ANOTHER

Citation

TIN SHUI WAI DEVELOPMENT LTD v. LI SING CHOI AND ANOTHER
Court

District Court
Case number

DCCJ1297/2004

The judge held the Defence and Counterclaim disclosed no reasonable defence because the Defendants failed to plead facts constituting the alleged implied term or that they made requisitions, failed to identify or support any actionable misrepresentation, and had not exercised rescission but elected to wait; accordingly the Defence and Counterclaim were struck out and judgment entered for the Plaintiff for damages to be assessed.
2 Apr 2008

TIN SHUI WAI DEVELOPMENT LTD v. AU MIU CHE

Citation

TIN SHUI WAI DEVELOPMENT LTD v. AU MIU CHE
Court

District Court
Case number

DCCJ646/2004

The defence and counterclaim were struck out because the defendant failed to plead and particularise any legally cognisable implied term or defence; delay in completion did not entitle the defendant to refuse performance absent an express contractual right or valid rescission; therefore there was no reasonable defence and judgment was entered for the plaintiff for damages to be assessed.
20 Sept 2007

YEE PUI PUI ANNA v. LAM MEI LIN AND ANOTHER

Citation

YEE PUI PUI ANNA v. LAM MEI LIN AND ANOTHER
Court

District Court
Case number

DCMP1377/2007

There was no agreement to complete by solicitors' undertaking; the Plaintiff had validly elected formal completion and gave adequate notice; the cashier order tendered in favor of the vendors constituted proper tender under the provisional agreement; the Defendants' refusal to attend and deliver the mortgage release amounted to a repudiatory breach which the Plaintiff validly accepted, entitling her to termination and the relief ordered.
30 Mar 1988

THE DISCOVERY PUBLICATION COMPANY LIMITED v. WAI KIN BONG AND OTHERS

Citation

THE DISCOVERY PUBLICATION COMPANY LIMITED v. WAI KIN BONG AND OTHERS
Court

Court of First Instance
Case number

HCA1180/1988

The summons to vary the Mareva injunction was dismissed because the 3rd defendant failed to provide evidence of other assets or of the extent of indebtedness of the co-chargors; absent such disclosure the Court will not permit variation despite the purchaser being bona fide and the bank having priority.

Hong Kong Case Law

STAR RAINBOW INVESTMENTS LTD v. LIN PAI CHING AND OTHERS

TIN SHUI WAI DEVELOPMENT LTD v. LI SING CHOI AND ANOTHER

TIN SHUI WAI DEVELOPMENT LTD v. AU MIU CHE

YEE PUI PUI ANNA v. LAM MEI LIN AND ANOTHER

THE DISCOVERY PUBLICATION COMPANY LIMITED v. WAI KIN BONG AND OTHERS