TSUEN WAN TRADE ASSOCIATION EDUCATION FOUNDATION LTD v. CHUI KAM YING

TSUEN WAN TRADE ASSOCIATION EDUCATION FOUNDATION LTD v. CHUI KAM YING

The court found the plaintiff proved good title: exclusive possession arises from the Agreements for Lease and persists by reason of the New Territories legislative deeming and extension provisions; absence of an occupation permit and presence of historical domestic permits did not establish a residential-only permitted user or a title defect; certified copies plus statutory declarations provided adequate secondary evidence for missing originals; and the purchaser had accepted the risk of existing building orders, so all requisitions were satisfactorily answered.

Citation
TSUEN WAN TRADE ASSOCIATION EDUCATION FOUNDATION LTD v. CHUI KAM YING
Parties
Vendor/plaintiff: Tsuen Wan Trade Association Education Foundation Limited; Purchaser/defendant: Chui Kam Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 April 2012
Case Number
HCMP1735/2011
Procedural Posture
Vendor and Purchaser Summons Under S12 Conveyancing and Property Ordinance / Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff; court declared that the plaintiff has shown good title to the Property
Legal Topics
Good Title, Exclusive Possession, New Territories Lease Extension, Occupation Permit/permitted User, Stamp Duty Chargeability, Missing Title Documents/secondary Evidence, Building Orders, Tenancies
Source Language
EN
Conveyancing Property Law Land Law Administrative/building Regulation Good Title Exclusive Possession New Territories Lease Extension Occupation Permit/permitted User +4 more

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Parties

Tsuen Wan Trade Association Education Foundation Limited

Vendor/plaintiff

Chui Kam Ying

Purchaser/defendant

Procedural Posture

Vendor and Purchaser Summons Under S12 Conveyancing and Property Ordinance / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the plaintiff has shown good title to the Property
  2. 2 Whether exclusive possession subsists despite historical lease term expiry
  3. 3 Effect of New Territories lease extension and deemed Crown Lease on term and incidents of title

Ratio Decidendi

The court found the plaintiff proved good title: exclusive possession arises from the Agreements for Lease and persists by reason of the New Territories legislative deeming and extension provisions; absence of an occupation permit and presence of historical domestic permits did not establish a residential-only permitted user or a title defect; certified copies plus statutory declarations provided adequate secondary evidence for missing originals; and the purchaser had accepted the risk of existing building orders, so all requisitions were satisfactorily answered.

Court Disposition

Judgment for plaintiff; court declared that the plaintiff has shown good title to the Property

Orders

  • Declaration that the plaintiff has shown good title to the Property
  • Judgment entered in favour of the plaintiff