CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER

CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER

The court accepted the viva voce evidence and statutory declarations of the vendor's solicitor as clear and cogent, found that a duly executed power(s) of attorney had existed which authorised the execution of the Deed of Release and that those power(s) had been lost; supporting correspondence and minutes corroborated the account and removed real risk of challenge by the mortgagee, so the requisitions were sufficiently answered.

Citation
CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER
Parties
1st Plaintiff: CHAN CHI WAI; 2nd Plaintiff: KWOK WAI LINDA; 1st Defendant: NG SAU MEI MAY; 2nd Defendant: CHAU YAT SING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2006
Case Number
HCMP1468/2006
Procedural Posture
Vendor and Purchaser Summons (property/conveyancing) / Judgment (court of First Instance)
Outcome
Plaintiffs' vendor and purchaser summons allowed; requisitions and objections to title satisfactorily answered and declaration granted in favour of plaintiffs.
Legal Topics
Requisition on Title, Deed of Release, Power of Attorney, Secondary Evidence, Statutory Declaration, Vendor and Purchaser Proceedings
Source Language
EN
Conveyancing Property Law Evidence Company Law Requisition on Title Deed of Release Power of Attorney Secondary Evidence +2 more

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Parties

CHAN CHI WAI

1st Plaintiff

KWOK WAI LINDA

2nd Plaintiff

NG SAU MEI MAY

1st Defendant

CHAU YAT SING

2nd Defendant

Procedural Posture

Vendor and Purchaser Summons (property/conveyancing) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the deed of release was duly executed by attorneys authorised by valid power(s) of attorney
  2. 2 Whether statutory declarations and accompanying documents constitute sufficient secondary evidence of due execution where original power(s) of attorney are lost
  3. 3 Whether the title is exposed to a real risk of challenge by the former mortgagee given deregistration possibilities

Ratio Decidendi

The court accepted the viva voce evidence and statutory declarations of the vendor's solicitor as clear and cogent, found that a duly executed power(s) of attorney had existed which authorised the execution of the Deed of Release and that those power(s) had been lost; supporting correspondence and minutes corroborated the account and removed real risk of challenge by the mortgagee, so the requisitions were sufficiently answered.

Court Disposition

Plaintiffs' vendor and purchaser summons allowed; requisitions and objections to title satisfactorily answered and declaration granted in favour of plaintiffs.

Orders

  • Declaration that the plaintiffs have sufficiently and satisfactorily answered the requisitions and objections raised by the defendants' former solicitors dated 13 October 2005 in respect of the plaintiffs' title to the property
  • No order as to costs (by agreement of the parties)