Read the full judgment text of CACV 55/2006 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 30 November 2006 before Hon Cheung JA, Hon Yeung JA.
Contract law — Sale of property — Sales agreements requiring defendant to complete buildings and assign title — Whether title to be assigned was legal or equitable interest — Defendant held to assign equitable title only — Court construction based on contractual terms, Government Grant conditions, and Conveyancing and Property Ordinance Cap. 219 s.14 — Plaintiffs could not specify legal title by tendering draft assignment or requisitions — Precedents Tin Shui Wai Development Limited v. Polykin Limited and Liu Chung Fai v. Tin Shui Wai Development Limited adopted — Summary judgment appropriate where plaintiffs failed to raise credible defense on breaches — Plaintiffs' argument on clause 3(3) of sales agreements and Circular Memorandum No. 39 rejected — Plaintiffs’ claims on fitting and finishes under clause 10(c) and completion under clause 4(4)(c) found untenable due to warranty nature and lack of particulars — Appeal allowed; summary judgment given to defendant; costs awarded to defendant.
Legal issues: Nature of the title to be assigned
Outcome: Appeal allowed; summary judgment granted in favour of the defendant on counterclaim; plaintiffs’ respondent notice dismissed; defendant entitled to costs of the appeal.
Cited by 2 cases