MA HON WAI AND ANOTHER v. TSUI EDWARD AND ANOTHER

MA HON WAI AND ANOTHER v. TSUI EDWARD AND ANOTHER

The court found on the balance of probabilities that the plaintiffs' signatures on the Conveyancing Documents were forged, that the plaintiffs therefore retained the legal interest in the Property, and that the defendants failed to prove they were bona fide purchasers for value without notice; accordingly the conveyance was void as to the defendants and declarations, possession and vacation of the registrations were ordered.

Citation
[2024] HKDC 259
Parties
1st Plaintiff: Ma Hon Wai; 2nd Plaintiff: Ma Hon Ngai; 1st Defendant: Tsui Edward; 2nd Defendant: Tsui Hiu Lam
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 February 2024
Case Number
DCMP4504/2021
Procedural Posture
Miscellaneous Proceedings (originating Summons Under Order 28, District Court) / Trial and Judgment on Originating Summons (part Oral Evidence, Part Affidavit)
Outcome
Judgment for the plaintiffs; declarations granted; possession awarded to plaintiffs; registration of certain instruments vacated; costs nisi for plaintiffs
Legal Topics
Forgery of Documents, Bona Fide Purchaser for Value Without Notice, Burden of Proof, Mortgagee Sale, Possession and Declaratory Relief, Vacating Registration, Costs
Source Language
EN
Property Law Equity Fraud Civil Procedure Conveyancing Forgery of Documents Bona Fide Purchaser for Value Without Notice Burden of Proof +4 more

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Parties

Ma Hon Wai

1st Plaintiff

Ma Hon Ngai

2nd Plaintiff

Tsui Edward

1st Defendant

Tsui Hiu Lam

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (originating Summons Under Order 28, District Court) / Trial and Judgment on Originating Summons (part Oral Evidence, Part Affidavit)

Legal Issues

  1. 1 Whether the Conveyancing Documents were signed by the plaintiffs or by imposters
  2. 2 Whether the defendants are bona fide purchasers for value without notice
  3. 3 Who bears the burden of proof on forgery and on the bona fide purchaser defence

Ratio Decidendi

The court found on the balance of probabilities that the plaintiffs' signatures on the Conveyancing Documents were forged, that the plaintiffs therefore retained the legal interest in the Property, and that the defendants failed to prove they were bona fide purchasers for value without notice; accordingly the conveyance was void as to the defendants and declarations, possession and vacation of the registrations were ordered.

Court Disposition

Judgment for the plaintiffs; declarations granted; possession awarded to plaintiffs; registration of certain instruments vacated; costs nisi for plaintiffs

Orders

  • Declarations in terms of paragraphs (1) to (6) of the Amended Originating Summons granted (with amendment to paragraph (6) requiring delivery of vacant possession within 30 days)
  • Order that the 1st Defendant deliver vacant possession of the Property to the Plaintiffs within 30 days of this Judgment