Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Revesting of property

Legal area

Court

5 Jul 2004

PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO

Citation

PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO
Court

Court of Appeal
Case number

CACV82/2004

Where a buyer avows rejection and offers to return goods (even if title and possession had passed), the seller may accept that offer; acceptance operates to revest property and entitle the seller to possession subject to equitable conditions such as requiring the deposit to be paid into court pending trial. The Court varied the order below to permit delivery on that condition and awarded costs to UL.
16 Mar 2004

PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO

Citation

PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO
Court

Court of First Instance
Case number

HCA4687/2002

The Court held that UL's Defence and Counterclaim amounted to acceptance of Pacific's repudiation (which in the Statement of Claim pleaded a total failure of consideration and rejection ab initio), and that acceptance of that rejection revested property in UL and restored its immediate right to possession; Pacific had no valid lien; accordingly UL was entitled to summary judgment for delivery up of the machines and Pacific's cross-appeal to adduce a late affirmation was dismissed.