RE LEE MEI YAN KRIS

RE LEE MEI YAN KRIS

The court found on the chronology and documents that the parties to the Sub‑DMC had a common continuing intention to allocate 1/3rd of the 1/14th undivided share to each of Flats A1, A2 and A3; the description of 11/20th in the Subject Assignment resulted from a common mistake and recorded a greater share than the assignor was entitled to, and because the assignor cannot be located and no prejudice will result, the court ordered rectification of the Subject Assignment and granted a declaration that the applicant's interest is 1/3rd of and in 1/14th part of the Lot.

Citation
RE LEE MEI YAN KRIS
Parties
Applicant/owner of Flat A3: Lee Mei Yan Kris; Purchaser Under Agreement for Sale and Purchase: Solidmount Investment Limited; Assignee/prior Owner: Au Yuk Kui; Assignee/prior Owner: Tam Sui Yee; Assignee/prior Owner: Poon Soon Kwong; Assignor/prior Owner Whose Signature Required for Rectification: Pong Kwok Lap; Co‑owner/prior Owner: Lau Chung; Co‑owner/prior Owner: Chiu Lai Mun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 March 2013
Case Number
HCMP356/2013
Procedural Posture
Land Title Rectification / Declaration of Title / Originating Summons (ex Parte) – Decision on Application for Rectification and Declaration
Outcome
Application granted in terms of reliefs sought: Subject Assignment rectified and declaration of applicant's interest granted.
Legal Topics
Rectification of Deeds, Common Mistake, Declaration of Title, Ex Parte Relief
Source Language
EN
Property Law Equity Land Registration Civil Procedure Rectification of Deeds Common Mistake Declaration of Title Ex Parte Relief

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Parties

Lee Mei Yan Kris

Applicant/owner of Flat A3

Solidmount Investment Limited

Purchaser Under Agreement for Sale and Purchase

Au Yuk Kui

Assignee/prior Owner

Tam Sui Yee

Assignee/prior Owner

Poon Soon Kwong

Assignee/prior Owner

Pong Kwok Lap

Assignor/prior Owner Whose Signature Required for Rectification

Lau Chung

Co‑owner/prior Owner

Chiu Lai Mun

Co‑owner/prior Owner

Procedural Posture

Land Title Rectification / Declaration of Title / Originating Summons (ex Parte) – Decision on Application for Rectification and Declaration

Legal Issues

  1. 1 Whether the Subject Assignment contains a common mistake in the description of undivided shares requiring rectification
  2. 2 Whether the common intention at time of Sub‑DMC was to allocate 1/3rd of the 1/14th undivided share to each of Flats A1, A2 and A3
  3. 3 Whether ex parte relief is justified because the original assignor cannot be located and rectification will not prejudice others

Ratio Decidendi

The court found on the chronology and documents that the parties to the Sub‑DMC had a common continuing intention to allocate 1/3rd of the 1/14th undivided share to each of Flats A1, A2 and A3; the description of 11/20th in the Subject Assignment resulted from a common mistake and recorded a greater share than the assignor was entitled to, and because the assignor cannot be located and no prejudice will result, the court ordered rectification of the Subject Assignment and granted a declaration that the applicant's interest is 1/3rd of and in 1/14th part of the Lot.

Court Disposition

Application granted in terms of reliefs sought: Subject Assignment rectified and declaration of applicant's interest granted.

Orders

  • The Subject Assignment dated 20 October 1982 registered as Memorial No. UB2340600 be rectified in the manner and terms of the draft amended assignment annexed to the originating summons.
  • A declaration that the applicant's interest in the Property is 1/3rd part or share of and in 1/14th part or share of Kowloon Inland Lot No.10449 (being Flat A3 on the Ground Floor, Nos.11A-11D Hart Avenue, Kowloon).