25 Mar 1999
MA YUK LIN AND ANOTHER v. WONG KIU NGOR
- Citation
- MA YUK LIN AND ANOTHER v. WONG KIU NGOR
- Court
- Court of Appeal
- Case number
- CACV223/1998
The Court held the vendor's 31 December 1997 letter amounted to repudiation because it categorically asserted the sale was a subsale subject to the earlier agreement (and the Building Order) and refused to answer a requisition going to the root of title, thereby demonstrating an intention not to perform the contract as made; the purchaser validly and unequivocally accepted that repudiation by correspondence (and later demand for deposit) and rescinded the contract; consequently the appeal was dismissed and the respondent's right to rescind affirmed.