ACTIVE KEEN INDUSTRIES LTD v. FOK CHI KEONG

ACTIVE KEEN INDUSTRIES LTD v. FOK CHI KEONG

The vendor satisfied the obligation to answer the purchaser's title objection by producing a Building Authority letter demonstrating long-standing awareness of the nine-flat arrangement, thereby showing there was no real or material risk of enforcement; accordingly the purchaser's objection was satisfactorily answered and the vendor entitled to costs.

Citation
ACTIVE KEEN INDUSTRIES LTD v. FOK CHI KEONG
Parties
Purchaser: ACTIVE KEEN INDUSTRIES LIMITED; Vendor: FOK CHI KEONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 1992
Case Number
HCMP3761/1992
Procedural Posture
Vendor and Purchaser Summons (section 12, Conveyancing and Property Ordinance) / Judgment
Outcome
Declaration that the purchaser's objection to title has been sufficiently answered; order nisi that the vendor is entitled to his costs of these proceedings.
Legal Topics
Title Objection, Occupation Permit Discrepancy, Satisfactory Answer to Requisition, Risk of Enforcement Proceedings
Source Language
EN
Conveyancing Property Law Building Regulation Enforcement Title Objection Occupation Permit Discrepancy Satisfactory Answer to Requisition Risk of Enforcement Proceedings

Case Brief

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Parties

ACTIVE KEEN INDUSTRIES LIMITED

Purchaser

FOK CHI KEONG

Vendor

Procedural Posture

Vendor and Purchaser Summons (section 12, Conveyancing and Property Ordinance) / Judgment

Legal Issues

  1. 1 Whether there was a real risk of enforcement proceedings by the Building Authority arising from discrepancies between the occupation permit and actual number of units
  2. 2 Whether the vendor had satisfactorily answered the purchaser's objection to title as the first issue
  3. 3 Whether awareness by the Building Authority negates practical risk of enforcement

Ratio Decidendi

The vendor satisfied the obligation to answer the purchaser's title objection by producing a Building Authority letter demonstrating long-standing awareness of the nine-flat arrangement, thereby showing there was no real or material risk of enforcement; accordingly the purchaser's objection was satisfactorily answered and the vendor entitled to costs.

Court Disposition

Declaration that the purchaser's objection to title has been sufficiently answered; order nisi that the vendor is entitled to his costs of these proceedings.

Orders

  • Declaration that the purchaser's objection to the title has been sufficiently answered
  • Order nisi that the vendor is to have his costs of these proceedings