Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repudiation of sale and purchase agreement
  • 4 May 2020

    GOLDSTAR H.K. DEVELOPMENT LTD v. MEGA GOLD ENTERPRISES LTD

    Citation
    [2020] HKCFI 709
    Court
    Court of First Instance
    Case number
    HCMP2245/2019

    The Court exercised its inherent jurisdiction to order removal of the PS&PA from the Land Registry (including any reference to it as a deed pending registration) because the instrument was not properly registrable against the property in the circumstances, the defendant had repudiated and failed to withdraw or complete registration thereby prejudicing the plaintiff's title; consequentially the originating summons was granted and the defendant was ordered to pay plaintiff's costs on an indemnity basis, summarily assessed at HK$90,000.

    • Vacation of registration
    • Inherent jurisdiction
    • Registrability of instruments
    • Memorandum of determination
    • Repudiation of sale and purchase agreement
    • Costs assessment