15 Jul 1999
FUNG KAN WAI AND ANOTHER v. LEUNG SHUI FAT AND OTHERS
- Citation
- FUNG KAN WAI AND ANOTHER v. LEUNG SHUI FAT AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV71/1999
The Court held that the contract permitted forfeiture only of the defined 'initial deposit' of HK$30,000 and not the full Stage 1 payment of HK$296,000; the purchasers' registration of the lis pendens was wrongful because their repudiatory conduct disentitled them to an equitable lien or proprietary claim in land; the court could declare the registration wrongful but could not, on these pleadings, award damages for wrongful registration which must be pursued in other proceedings.