24 Dec 2004
CHAN KWOK FAI v. ONWARD ELECTRICAL & SUPPLIES CO LTD
- Citation
- CHAN KWOK FAI v. ONWARD ELECTRICAL & SUPPLIES CO LTD
- Court
- Court of Appeal
- Case number
- CACV109/2004
The tender and its acceptance created a binding contract; no implied condition excused the vendor/liquidator from securing release of the machinery or from paying incidental liabilities where necessary to pass title; impecuniosity does not excuse non-performance; accordingly the appeal was dismissed, specific performance was ordered (subject to practicalities), and an injunction was granted to prevent dissipation of the liquidator's remaining funds to secure availability for costs and damages.