LAI WAI AND OTHERS v. LEE YUET YUNG PAT AND OTHERS

LAI WAI AND OTHERS v. LEE YUET YUNG PAT AND OTHERS

The court accepted the Immigration Department explanation that identity card numbers could legitimately change during the re-registration from paper to laminated cards and, upon a direct comparison of signatures written stroke by stroke, found the signatures attributed to Wong in the 1961 and 1972 documents sufficiently similar to conclude they were made by the same person; accordingly the plaintiffs had satisfactorily answered the requisitions and proved good title.

Citation
LAI WAI AND OTHERS v. LEE YUET YUNG PAT AND OTHERS
Parties
Plaintiff(s): 1st to 4th Plaintiffs (owners of Flat A, Ground Floor and 1st Floor, Nos.29A and 29B, Nga Tsin Wai Road, Kowloon); Defendant(s): 1st to 3rd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2011
Case Number
HCMP1524/2011
Procedural Posture
Vendor and Purchaser Summons (hcmp) Under Section 12 Conveyancing and Property Ordinance Cap.219 / Judgment
Outcome
The court found that the plaintiffs had sufficiently and satisfactorily answered the requisitions and had shown and proved a good title to the two properties.
Legal Topics
Requisition on Title, Identity Verification, Signature Comparison, Attestation by Solicitors, Proof of Title
Source Language
EN
Conveyancing Property Law Land Registration Evidence Requisition on Title Identity Verification Signature Comparison Attestation by Solicitors +1 more

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Parties

1st to 4th Plaintiffs (owners of Flat A, Ground Floor and 1st Floor, Nos.29A and 29B, Nga Tsin Wai Road, Kowloon)

Plaintiff(s)

1st to 3rd Defendants

Defendant(s)

Procedural Posture

Vendor and Purchaser Summons (hcmp) Under Section 12 Conveyancing and Property Ordinance Cap.219 / Judgment

Legal Issues

  1. 1 Whether discrepancy in Hong Kong identity card numbers between 1961 and 1972 assignments invalidates identity of signatories
  2. 2 Whether the signatures of Wong across the 1961 and 1972 documents were made by the same person
  3. 3 Whether the plaintiffs sufficiently answered requisitions under the provisions governing conveyancing/title requisitions

Ratio Decidendi

The court accepted the Immigration Department explanation that identity card numbers could legitimately change during the re-registration from paper to laminated cards and, upon a direct comparison of signatures written stroke by stroke, found the signatures attributed to Wong in the 1961 and 1972 documents sufficiently similar to conclude they were made by the same person; accordingly the plaintiffs had satisfactorily answered the requisitions and proved good title.

Court Disposition

The court found that the plaintiffs had sufficiently and satisfactorily answered the requisitions and had shown and proved a good title to the two properties.

Orders

  • Plaintiffs' answers to requisitions accepted and title to the Ground Floor and 1st Floor properties confirmed.
  • No order as to costs (by agreement of the parties).