Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Specific performance/assignment
  • 9 Dec 2008

    LAU CHUN KAM v. LAI TAK SHING

    Citation
    LAU CHUN KAM v. LAI TAK SHING
    Court
    Court of First Instance
    Case number
    HCA2126/2007

    Clause 6 of the Agreement, read in its context and against contemporaneous conduct and documents, does not grant the Defendant an option to pay HK$1.5 million instead of assigning the 1st Floor; the Defendant's account was inherently implausible and inconsistent with documents and conduct (assignment plans, utility deposit allocations, design changes), so he failed to show a bona fide defence; accordingly the Plaintiff is entitled to a declaration that the Defendant holds the 1st Floor on trust for the Plaintiff and to orders for redemption of the charge as to the 1st Floor, execution of a de…