Read the full judgment text of CACV 000194/1997 on BabelCite. This Court of Appeal judgment was delivered on 18 February 1998 before Mortimer VP, Godfrey JA, Rogers JA.
Property law – contract for sale of land – specific performance – requisitions on title – whether vendor's answers satisfactory – whether time of the essence – Conveyancing and Property Ordinance (Cap 219) s.14(3) – Land Registration Ordinance (Cap 128) s.2(1) – expert evidence – admissibility – British Celanese Ld v. Courtaulds Ld, 52 R.P.C. 171 – sale of Flat D, 24th floor, Block 25, Baguio Villa and car park space No. 157 for HK$2,500,000 – initial deposit HK$50,000, further deposit HK$200,000, balance HK$2,250,000 by 15 September 1991 – Letter with Car Park Layout Plans attached registered as Memorial No. 1599984 under Special Condition No. 17 of Conditions of Exchange No. 10485 – vendors' solicitors refused to supply certified copy of the Letter, asserting it did not affect title, and there was no Certificate of Compliance – whether vendor's answers to purchaser's requisitions satisfactory: held no, the Letter was an instrument by which the premises 'may be affected' under s.2(1) of the Land Registration Ordinance (Cap 128) and ought to be produced – instruments showing vendor entitled to legal estate and title not defeasible are properly registrable and producible – whether time of the essence: held no, in light of the parties' conduct time for payment of the further deposit had ceased to be of the essence, and the purchaser was entitled to a reasonable time to consider its position – three-day window (12 to 15 September 1991, a Sunday) was insufficient – the vendors pre-empted matters by calling off the contract themselves, amounting to repudiation – admissibility of expert evidence: held expert evidence on construction of documents and conveyancing practice is inadmissible – construction of documents is for the court, not experts – following British Celanese Ld v. Courtaulds Ld, 52 R.P.C. 171 at 198, such evidence wastes time and adds chaff – outcome: appeal dismissed, trial judge's order for specific performance affirmed – costs of the appeal to the respondent.
Legal issues: Whether vendors satisfactorily answered purchaser's requisitions on title · Whether time was of the essence for completion · Admissibility of expert evidence on construction of documents and conveyancing practice
Outcome: Appeal dismissed; the trial judge's order for specific performance in favour of the purchaser affirmed.