Read the full judgment text of HCCT 127/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 13 January 2006 before Deputy High Court Judge Saunders.
Construction and arbitration proceedings — Agreement for sale of residential properties and parking space in Vista Paradiso — Vendor required completion when only equitable title could be assigned due to absence of Certificate of Compliance — Purchasers claimed valid rescission and sought refund of deposit — Vendor counterclaimed for rescission, forfeiture of deposit and entitlement to resell — Issue: whether vendor can compel acceptance of equitable title at completion date — Agreements silent on this; vendor argued operative clause covered entitlement — Purchasers relied on LACO Circular and lack of express contractual provision — No binding authority; arguable defence established — Summary judgment refused; leave to defend granted — Court ordered amendments to pleadings and set timetable — Costs ordered against vendor if application fails — Appeal noted in CACV55/2006.
Legal issues: Entitlement to require acceptance of equitable title on completion
Outcome: Summary judgment application dismissed; leave to defend granted
Cited by 2 cases