17 Jan 2006
TONY INVESTMENTS LTD v. FUNG SUN KWAN BERNARD
- Citation
- TONY INVESTMENTS LTD v. FUNG SUN KWAN BERNARD
- Court
- Court of First Instance
- Case number
- HCMP180/2005
The Vendor had no title to the Former Slipway because rights were extinguished by s10(1)(a) FSRO; the Vendor failed to show good title by reasonable answers to requisitions; the common mistake defence failed because performance was not impossible and Vendor had a contractual right to a re-grant; accordingly specific performance was ordered requiring Vendor to apply for and obtain re-grant at nominal premium and to perform the Memorandum of Agreement, with an inquiry as to damages and costs against the Vendor.