LEE WOON TONG AND ANOTHER v. KWAN PUI LUI AND OTHERS

LEE WOON TONG AND ANOTHER v. KWAN PUI LUI AND OTHERS

The court declared that the prior registered sale and purchase agreement did not defeat a declaration of good title because the prior purchaser's rights appeared abandoned and any enforceable claim was time-barred under section 4(1)(a) of the Limitation Ordinance; therefore production of the original or a statutory declaration was unnecessary and the declaration of good title was granted.

Citation
LEE WOON TONG AND ANOTHER v. KWAN PUI LUI AND OTHERS
Parties
1st Plaintiff: LEE WOON TONG; 2nd Plaintiff: LEE KWOK HO CHRIS; 1st Defendant: KWAN PUI LUI; 2nd Defendant: LAM WAI SUN; 3rd Defendant: LEUNG FUNG KEI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 December 2005
Case Number
DCMP3045/2005
Procedural Posture
Vendor and Purchaser Summons (miscellaneous Proceedings) / Judgment
Outcome
Declaration of good title granted in favour of the plaintiffs; no order as to costs.
Legal Topics
Good Title, Specific Performance, Requisition for Title, Production of Original Document, Statutory Declaration, Limitation Period, Declaration of Title
Source Language
EN
Property Law Real Property Contract Law Land Registration Limitation Law Good Title Specific Performance Requisition for Title +4 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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

LEE WOON TONG

1st Plaintiff

LEE KWOK HO CHRIS

2nd Plaintiff

KWAN PUI LUI

1st Defendant

LAM WAI SUN

2nd Defendant

LEUNG FUNG KEI

3rd Defendant

Procedural Posture

Vendor and Purchaser Summons (miscellaneous Proceedings) / Judgment

Legal Issues

  1. 1 Whether a preceding sale and purchase agreement registered in the Land Registry defeats a declaration of good title
  2. 2 Whether the original document must be produced or a statutory declaration provided to establish good title
  3. 3 Whether any right to enforce the preceding agreement is time-barred under the Limitation Ordinance

Ratio Decidendi

The court declared that the prior registered sale and purchase agreement did not defeat a declaration of good title because the prior purchaser's rights appeared abandoned and any enforceable claim was time-barred under section 4(1)(a) of the Limitation Ordinance; therefore production of the original or a statutory declaration was unnecessary and the declaration of good title was granted.

Court Disposition

Declaration of good title granted in favour of the plaintiffs; no order as to costs.

Orders

  • Declaration that the plaintiffs have a good title to the property as sought.
  • No order as to costs.