8 Aug 2014
HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER
- Citation
- HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV140/2013
The Court of Appeal allowed the defendants' appeal and set aside the alternative order for specific performance because the oral Security & Set-Off Agreement was not supported by consideration and was not pleaded as a material fact, the S&P Agreement was in substance a consensual security (a sham sale) which could not be specifically enforced to vest unencumbered title (it improperly interfered with mortgagor's right to redeem), and the supplemental orders sought by plaintiffs would amount to a summary award of unliquidated damages without inquiry; the monetary judgment for HK$30,000,000 with…