XIAMEN INTERNATIONAL FINANCE CO LTD v. TSUI TAI YAN AND ANOTHER

XIAMEN INTERNATIONAL FINANCE CO LTD v. TSUI TAI YAN AND ANOTHER

The court held that on the evidence the assignment was delivered on 19 October 1982 and the misdating was to be disregarded; because the transaction was completed within 12 months of the power coming into operation the conclusive presumption in s.5(4) applied and therefore the vendor had shown a good title. The court also held it will not declare a good title where title depends on execution by an attorney unless the original power or satisfactory evidence is produced and s.5(4) requirements are met.

Citation
XIAMEN INTERNATIONAL FINANCE CO LTD v. TSUI TAI YAN AND ANOTHER
Parties
Plaintiff / Vendor: XIAMEN INTERNATIONAL FINANCE COMPANY LIMITED (formerly PANIN INTERNATIONAL FINANCE CORPORATION LIMITED); Defendant / Purchaser: TSUI TAI YAN; Defendant / Purchaser: TO PUI FUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 1987
Case Number
HCMP686/1987
Procedural Posture
Vendor and Purchaser Summons (section 12 Conveyancing & Property Ordinance) / Judgment on Summons (heard and Delivered 8 May 1987)
Outcome
Purchasers' objection overruled; vendor declared to have shown good title; no order as to costs.
Legal Topics
Validity and Date of Deeds, Delivery of Deeds, Section 5(2) and 5(4) Powers of Attorney Ordinance, Section 12 Conveyancing and Property Ordinance, Declaration of Good Title, Vendor and Purchaser Objections
Source Language
EN
Property Law Conveyancing Powers of Attorney Civil Procedure Validity and Date of Deeds Delivery of Deeds Section 5(2) and 5(4) Powers of Attorney Ordinance Section 12 Conveyancing and Property Ordinance +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XIAMEN INTERNATIONAL FINANCE COMPANY LIMITED (formerly PANIN INTERNATIONAL FINANCE CORPORATION LIMITED)

Plaintiff / Vendor

TSUI TAI YAN

Defendant / Purchaser

TO PUI FUN

Defendant / Purchaser

Procedural Posture

Vendor and Purchaser Summons (section 12 Conveyancing & Property Ordinance) / Judgment on Summons (heard and Delivered 8 May 1987)

Legal Issues

  1. 1 Whether a deed incorrectly dated may be disregarded in favour of actual delivery date
  2. 2 Whether a purchaser takes good title when an instrument executed by an attorney was made within 12 months of the power coming into operation (s.5(4) PAO)
  3. 3 Whether the Court can declare a good title when title depends on execution by an attorney without production of the original power of attorney

Ratio Decidendi

The court held that on the evidence the assignment was delivered on 19 October 1982 and the misdating was to be disregarded; because the transaction was completed within 12 months of the power coming into operation the conclusive presumption in s.5(4) applied and therefore the vendor had shown a good title. The court also held it will not declare a good title where title depends on execution by an attorney unless the original power or satisfactory evidence is produced and s.5(4) requirements are met.

Court Disposition

Purchasers' objection overruled; vendor declared to have shown good title; no order as to costs.

Orders

  • Declare that the vendor has shown a good title to Flat C, 5th Floor, Nos. 440-442 Nathan Road.
  • Overrule the purchasers' objection to the title.