Read the full judgment text of FAMV 404/2022 on BabelCite. This Court of Final Appeal judgment was delivered on 28 December 2023 before Mr Justice Lam PJ.
Civil procedure – specific performance – performance disputes – jurisdiction – Court of First Instance – Court of Final Appeal – leave to appeal – Agreement for Change of Title – family financial dispute – siblings – transfer of property – payment of HK$400,000 – supplemental orders – Snell's Equity – GKN Distributors Ltd v Tyne Tees Fabrication Ltd – The Court of Final Appeal held that issues relating to the performance of contractual obligations under an agreement for change of title, after a specific performance order has been granted, should be dealt with at the Court of First Instance under the existing specific performance order, not as grounds of appeal in the Court of Final Appeal. Ms Lau alleged Mr Lau failed to transfer his half share in a property and pay HK$400,000. Since no first-instance decision had been made on these disputes, they could not constitute grounds of appeal. The court directed that either party may take out a summons in the Court of First Instance to resolve the disputes, and the leave-to-appeal process in FAMV 404/2022 will continue unaffected.
Legal issues: Jurisdiction to determine performance disputes under specific performance order
Outcome: The Court of Final Appeal will continue to examine Ms Lau's other arguments for leave to appeal; performance disputes must be raised in the Court of First Instance.
Cited by 1 case · Cites 3 cases