Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage incumbrances
  • 27 Feb 2015

    SIMSUNDAR ENTERPRISES LTD v. KUNG MAN LUNG AND OTHERS

    Citation
    SIMSUNDAR ENTERPRISES LTD v. KUNG MAN LUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2053/2008

    The plaintiff's claim for specific performance was dismissed because the plaintiff, by prolonged, inexcusable delay and conduct (including active equivocation and statements by its agent Lai), had abandoned or repudiated the agreement and was estopped and lacking clean hands; the defendants had completed the succession procedures by August 1983, the plaintiff knew or ought to have known, and equity will not enforce specific performance after such delay and prejudice to defendants; accordingly deposits were forfeited and the registered memorial must be vacated.