CHAN OI LING v. LAM KIN PHUNG

CHAN OI LING v. LAM KIN PHUNG

The purchaser was justified in refusing to complete because the discrepancies between the plan and schedule in the Deed of Mutual Covenant, and the materially different plan in the Land Office copy, were capable of causing future identification and title problems; declarations correcting the first schedule and plan should be granted and the purchaser was not liable to pay the vendor's contractual interest for the delay.

Citation
CHAN OI LING v. LAM KIN PHUNG
Parties
Purchaser: Chan Oi Ling; Vendor: Lam Kin Phung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 February 1982
Case Number
HCMP1330/1981
Procedural Posture
Originating Summons / Judgment
Outcome
Declarations granted correcting the first schedule and plan in the Deed of Mutual Covenant; purchaser entitled to costs; vendor not entitled to contractual interest for the delay.
Legal Topics
Sale of Flat, Deed of Mutual Covenant, Title Defects, Requisition on Title, Time Is of the Essence
Source Language
EN
Property Law Conveyancing Contract Law Sale of Flat Deed of Mutual Covenant Title Defects Requisition on Title Time Is of the Essence

Case Brief

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Parties

Chan Oi Ling

Purchaser

Lam Kin Phung

Vendor

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether discrepancies between the Deed of Mutual Covenant plan and schedule and between copies at the Land Office amounted to a material defect justifying purchaser's refusal to complete
  2. 2 Whether the vendor was entitled to contractual interest for delay given the purchaser's requisitions and delay
  3. 3 Whether a root assignment describing the property without reference to a plan renders mistakes in the Deed immaterial

Ratio Decidendi

The purchaser was justified in refusing to complete because the discrepancies between the plan and schedule in the Deed of Mutual Covenant, and the materially different plan in the Land Office copy, were capable of causing future identification and title problems; declarations correcting the first schedule and plan should be granted and the purchaser was not liable to pay the vendor's contractual interest for the delay.

Court Disposition

Declarations granted correcting the first schedule and plan in the Deed of Mutual Covenant; purchaser entitled to costs; vendor not entitled to contractual interest for the delay.

Orders

  • Declarations correcting the first schedule and plan in the Deed of Mutual Covenant registered in the Land Office
  • Costs awarded to the plaintiff (purchaser)