20 Feb 2025
HO WAI KWONG, executor of the estate of YU KING, deceased v. HO KAM CHUI
- Citation
- [2025] HKCA 174
- Court
- Court of Appeal
- Case number
- CACV301/2023
The appeal is allowed in part: where a vendor has conveyed land and thereby acquired an accrued contractual right to the purchase price, termination of the contract for the purchaser’s breach does not automatically revest beneficial ownership nor create a trust in favour of the vendor by way of restitution; the proper remedies are contractual (debt for the price) and equitable security (vendor's lien) and the court awarded judgment for the unpaid price with interest and adjusted orders for rents and accounts accordingly.