KEEP POINT DEVELOPMENT LTD. v. NG KAI HUNG MANFRED

KEEP POINT DEVELOPMENT LTD. v. NG KAI HUNG MANFRED

The agreements were declared null and void as against the plaintiff because the purported signatory lacked authority and the solicitors were never appointed; consequently the defendants have no entitlement to register the agreements and existing improper registrations were ordered vacated and future registration...

Source-derived case information.

Citation
KEEP POINT DEVELOPMENT LTD. v. NG KAI HUNG MANFRED
Parties
Plaintiff: KEEP POINT DEVELOPMENT LIMITED; Defendant: SUEN KWING HANG; Defendant: NG KAI YIN; Defendant: CHEUNG KIN BONG; Defendant: CHEUNG KIN KWOK; Defendant: MAK CHI YIN STEVE; Defendant: CHOY WING HAN CANDY; Defendant: SZETO CHUNG; Defendant: YIP HO YIN; Defendant: MAN MEI FUNG; Defendant: YUNG SHUI FUNG NANCY; Defendant: TSE TAT HUNG; Defendant: NG KAI HUNG MANFRED; Defendant: CHENG CHAU YIN ANN; Defendant: CHAN PING NAM; Defendant: YU MAN BUN; Defendant: MAN MEI WA POLLY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 1999
Case Number
HCA4744/1999
Procedural Posture
Summary Judgment Application for Declaratory Relief and Injunctions / Judgment on Summary Judgment Application (decision Delivered)
Outcome
Declarations granted that all 14 agreements are null and void as against the plaintiff; defendants restrained from registering the agreements; registrations in specified actions vacated; no order as to costs.
Legal Topics
Declaration, Restraint Against Registration, Authority of Agent, Vacating Registration, Summary Judgment
Source Language
en
Property Law Civil Procedure Land Registration Declaration Restraint Against Registration Authority of Agent Vacating Registration Summary Judgment

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Summary, issues, holding and outcome

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Parties

KEEP POINT DEVELOPMENT LIMITED

Plaintiff

SUEN KWING HANG

Defendant

NG KAI YIN

Defendant

CHEUNG KIN BONG

Defendant

CHEUNG KIN KWOK

Defendant

MAK CHI YIN STEVE

Defendant

CHOY WING HAN CANDY

Defendant

SZETO CHUNG

Defendant

YIP HO YIN

Defendant

MAN MEI FUNG

Defendant

YUNG SHUI FUNG NANCY

Defendant

TSE TAT HUNG

Defendant

NG KAI HUNG MANFRED

Defendant

CHENG CHAU YIN ANN

Defendant

CHAN PING NAM

Defendant

YU MAN BUN

Defendant

MAN MEI WA POLLY

Defendant

Procedural Posture

Summary Judgment Application for Declaratory Relief and Injunctions / Judgment on Summary Judgment Application (decision Delivered)

Legal Issues

  1. 1 Whether the agreements purportedly executed by Cheng Kwok Fai bound the plaintiff
  2. 2 Whether Messrs. Ho & Chan were authorized solicitors for the plaintiff in relation to the agreements
  3. 3 Whether the defendants are entitled to register the agreements in the Land Registry

Ratio Decidendi

The agreements were declared null and void as against the plaintiff because the purported signatory lacked authority and the solicitors were never appointed; consequently the defendants have no entitlement to register the agreements and existing improper registrations were ordered vacated and future registration restrained.

Court Disposition

Declarations granted that all 14 agreements are null and void as against the plaintiff; defendants restrained from registering the agreements; registrations in specified actions vacated; no order as to costs.

Orders

  • Declare that the 14 agreements purportedly made between the plaintiff and the defendants are not binding on the plaintiff and are null and void as against the plaintiff
  • Declare that the defendants are not entitled to register the agreements in the Land Registry