28 Jan 2014
YIU HAU FUNG v. WONG CHO SING AND ANOTHER
- Citation
- YIU HAU FUNG v. WONG CHO SING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1316/2012
Clause 4 is an escape clause which, where the vendor elects to resile other than for title/Ding problems, permits the vendor to refuse sale and to pay double the deposits 'forthwith', thereby excluding any continuing right of the purchaser to specific performance; the April 2012 letter did not amount to an exercise of clause 4; the vendor validly exercised clause 4 on 11 October 2012 and made the payment required 'forthwith', entitling the vendor to resile and justifying dismissal of the purchaser's claim.