KAM PING KWONG AND ANOTHER v. CHIU SUN AND OTHERS

KAM PING KWONG AND ANOTHER v. CHIU SUN AND OTHERS

The sale, assignments and mortgage executed in 1994 were void because the Plaintiffs did not consent and the signatures were forged; therefore the purchasers never acquired title and their mortgage to the Bank was invalid; accordingly the Plaintiffs were entitled to declarations, delivery of documents, an order for possession and mesne profits.

Citation
KAM PING KWONG AND ANOTHER v. CHIU SUN AND OTHERS
Parties
1st Plaintiff: KAM PING KWONG; 2nd Plaintiff: MAN KAM YIN; 1st Defendant: CHIU SUN; 2nd Defendant: TSE SUET FONG; 3rd Defendant: HANG SENG CREDIT LIMITED; 1st Third Party: T.L. IP & CO. (a firm); 2nd Third Party: MICHAEL JOHN CRAWFORD and RODERICK MILLER trading as CRAWFORD, MILLER & CO.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 1997
Case Number
HCMP3317/1994
Procedural Posture
Miscellaneous Proceedings (civil Property/fraud) / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiffs. Declarations made that the sale, assignments and subsequent mortgage were null and void; possession and monetary relief awarded; costs to Plaintiffs.
Legal Topics
Forgery, Void Transaction, Mortgage Discharge, Possession, Mesne Profits, Declaratory Relief
Source Language
EN
Property Equity Contract Fraud Civil Procedure Forgery Void Transaction Mortgage Discharge +3 more

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Parties

KAM PING KWONG

1st Plaintiff

MAN KAM YIN

2nd Plaintiff

CHIU SUN

1st Defendant

TSE SUET FONG

2nd Defendant

HANG SENG CREDIT LIMITED

3rd Defendant

T.L. IP & CO. (a firm)

1st Third Party

MICHAEL JOHN CRAWFORD and RODERICK MILLER trading as CRAWFORD, MILLER & CO.

2nd Third Party

Procedural Posture

Miscellaneous Proceedings (civil Property/fraud) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the purported sale and assignments were void due to forgery and lack of consent
  2. 2 Whether the purchasers (1st and 2nd Defendants) obtained any title or ability to mortgage the property
  3. 3 Whether the Bank's discharge of the Plaintiffs' mortgage was effective in the absence of Plaintiffs' authorization

Ratio Decidendi

The sale, assignments and mortgage executed in 1994 were void because the Plaintiffs did not consent and the signatures were forged; therefore the purchasers never acquired title and their mortgage to the Bank was invalid; accordingly the Plaintiffs were entitled to declarations, delivery of documents, an order for possession and mesne profits.

Court Disposition

Judgment for the Plaintiffs. Declarations made that the sale, assignments and subsequent mortgage were null and void; possession and monetary relief awarded; costs to Plaintiffs.

Orders

  • Declaration that the Purchase Agreement dated 6 October 1994 registered by Memorial No. 6158037 was and is null and void as the Plaintiffs did not enter into it and the Plaintiffs' signatures were forged
  • Declaration that the unregistered Assignment dated 1 November 1994 and/or any Assignment executed pursuant to the Agreement was and is null and void as the Plaintiffs did not execute any Assignment and any signatures were forged