HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA

Where a building exceeds the statutory dimensions, title cannot be established without an Occupation Permit or a Certificate of Exemption; letters or certificates from the District Lands Office (Certificate of Compliance/Letter of Toleration) do not amount to a representation by the Building Authority that statutory requirements have been waived, and therefore the Defendant failed to show good title.

Citation
HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA
Parties
1st Plaintiff: Ho Kwok Cheung; 2nd Plaintiff: Tsang Po Ling; Defendant: Chen Li Jia
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 1998
Case Number
HCMP555/1998
Procedural Posture
Miscellaneous Proceedings Conveyancing/title Dispute (hcmp 555 of 1998) / Judgment (court of First Instance)
Outcome
Declarations sought in paragraphs 1, 2 and 3 of the Originating Summons granted; Defendant found not to have shown good title; monetary orders made in favour of the Plaintiffs.
Legal Topics
Occupation Permit, Certificate of Exemption, Certificate of Compliance, Title Proof, Risk of Enforcement, Section 12 Conveyancing and Property Ordinance
Source Language
EN
Conveyancing Property Law Building Regulations Administrative Law Occupation Permit Certificate of Exemption Certificate of Compliance Title Proof +2 more

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Parties

Ho Kwok Cheung

1st Plaintiff

Tsang Po Ling

2nd Plaintiff

Chen Li Jia

Defendant

Procedural Posture

Miscellaneous Proceedings Conveyancing/title Dispute (hcmp 555 of 1998) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether an Occupation Permit or Certificate of Exemption was necessary to prove good title
  2. 2 Whether a Certificate of Compliance or Letter of Toleration from the District Lands Office constituted a representation by the Building Authority that statutory building requirements were waived
  3. 3 Whether the Defendant had shown good title and discharged requisitions raised by the Plaintiffs' solicitors

Ratio Decidendi

Where a building exceeds the statutory dimensions, title cannot be established without an Occupation Permit or a Certificate of Exemption; letters or certificates from the District Lands Office (Certificate of Compliance/Letter of Toleration) do not amount to a representation by the Building Authority that statutory requirements have been waived, and therefore the Defendant failed to show good title.

Court Disposition

Declarations sought in paragraphs 1, 2 and 3 of the Originating Summons granted; Defendant found not to have shown good title; monetary orders made in favour of the Plaintiffs.

Orders

  • Declarations in paragraphs 1, 2 and 3 of the Originating Summons granted
  • Order that the Defendant repay deposits totalling $317,500.00 with a lien over the property until such payment, with interest and costs (paragraph 4)