CO-HOUSE LTD. v. SIU MUN YEE

CO-HOUSE LTD. v. SIU MUN YEE

The Power of Attorney contained a clerical error in naming the attorney; construing the instrument to give effect to the parties' manifest intention shows it appointed Siu Mun-yee as attorney of Chan Sau-cheung, so the purchaser's title objection failed and the vendor's title was sufficient.

Citation
CO-HOUSE LTD. v. SIU MUN YEE
Parties
Plaintiff (purchaser): Co-horse Limited; Defendant (vendor): Siu Mun-yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 1992
Case Number
HCMP341/1992
Procedural Posture
Conveyancing Dispute (section 12, Conveyancing and Property Ordinance) / Hearing on Originating Summons (treated as Originating Summons by Undertaking)
Outcome
Purchaser's objection dismissed; declaration that the Power of Attorney operated as intended and the vendor's title is sufficient; costs to defendant.
Legal Topics
Power of Attorney, Construction of Instrument, Title Requisition, Rectification
Source Language
EN
Conveyancing and Property Law Contract Law Equity Power of Attorney Construction of Instrument Title Requisition Rectification

Case Brief

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Parties

Co-horse Limited

Plaintiff (purchaser)

Siu Mun-yee

Defendant (vendor)

Procedural Posture

Conveyancing Dispute (section 12, Conveyancing and Property Ordinance) / Hearing on Originating Summons (treated as Originating Summons by Undertaking)

Legal Issues

  1. 1 Whether the Power of Attorney contained a fatal defect that defeated title because it purported to appoint the principal as her own attorney
  2. 2 Whether the purchaser's requisition to title on that ground was justified
  3. 3 Whether the instrument should be construed to give effect to the parties' intention despite clerical error

Ratio Decidendi

The Power of Attorney contained a clerical error in naming the attorney; construing the instrument to give effect to the parties' manifest intention shows it appointed Siu Mun-yee as attorney of Chan Sau-cheung, so the purchaser's title objection failed and the vendor's title was sufficient.

Court Disposition

Purchaser's objection dismissed; declaration that the Power of Attorney operated as intended and the vendor's title is sufficient; costs to defendant.

Orders

  • Declare that the Power of Attorney operated to appoint Siu Mun-yee as attorney of Chan Sau-cheung and that the purchaser's requisition is answered
  • The costs of the defendant of this application to be taxed (if not agreed) and paid by the plaintiff