WONG CHOR KIU v. LAU WING LOK

WONG CHOR KIU v. LAU WING LOK

On construction the power of attorney conferred authority to purchase and sell real property in Hong Kong; the identification discrepancy was a clerical error capable of being rectified; the December 2009 agreement was merged into the assignment; accordingly the defendant had shown and given a good title and the plaintiff's claims were dismissed while judgment was entered for the defendant on its counterclaim including the declared relief and payment of $10,500 and costs.

Citation
WONG CHOR KIU v. LAU WING LOK
Parties
Plaintiff / Purchaser: WONG CHOR KIU; Defendant / Vendor: LAU WING LOK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2011
Case Number
HCMP1401/2010
Procedural Posture
Miscellaneous Proceedings (originating Summons) HCMP 1401/2010 / Judgment at Court of First Instance on Originating Summons and Defendant Counterclaim
Outcome
Plaintiff's claims dismissed; judgment entered for defendant on counterclaim.
Legal Topics
Good Title, Power of Attorney, Requisition as to Title, Forfeiture of Deposit, Declaratory Relief, Lis Pendens, Clerical Error/rectification
Source Language
EN
Conveyancing Property Contract Civil Procedure Good Title Power of Attorney Requisition as to Title Forfeiture of Deposit +3 more

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Parties

WONG CHOR KIU

Plaintiff / Purchaser

LAU WING LOK

Defendant / Vendor

Procedural Posture

Miscellaneous Proceedings (originating Summons) HCMP 1401/2010 / Judgment at Court of First Instance on Originating Summons and Defendant Counterclaim

Legal Issues

  1. 1 Whether the power of attorney authorized the donee to sell and sign for Lai
  2. 2 Whether discrepancies in identification documents defeated title or were clerical errors
  3. 3 Whether the defendant had shown and given a good title to the purchaser

Ratio Decidendi

On construction the power of attorney conferred authority to purchase and sell real property in Hong Kong; the identification discrepancy was a clerical error capable of being rectified; the December 2009 agreement was merged into the assignment; accordingly the defendant had shown and given a good title and the plaintiff's claims were dismissed while judgment was entered for the defendant on its counterclaim including the declared relief and payment of $10,500 and costs.

Court Disposition

Plaintiff's claims dismissed; judgment entered for defendant on counterclaim.

Orders

  • Declare the matters set out in paragraph 37(b), (c), (e), (f), (g) and (h) of Chong's affirmation
  • Make the order sought in paragraph 37(j) of Chong's affirmation