8 Aug 2014
HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER
- Citation
- HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV159/2014
The Court allowed the defendants appeal and set aside paragraph (2) of the trial order that granted specific performance of the S&P Agreement because the Security and Set-Off Agreement was not supported by consideration and the S&P Agreement, viewed in context with the Memorandum and Supplemental Agreement, operated as security (and was a sham) such that specific performance that would vest unencumbered ownership was inappropriate; consequently the alternative order for specific performance was erroneous and must be set aside; the plaintiffs appeal against refusal of supplemental orders was…