KEEP POINT DEVELOPMENT LTD. v. MAN MEI FUNG

KEEP POINT DEVELOPMENT LTD. v. MAN MEI FUNG

Because the evidence established that Cheng Kwok Fai lacked authority to execute the sale agreements on behalf of the plaintiff and Messrs. Ho & Chan were not appointed solicitors for those transactions, the agreements are null and void as against the plaintiff; accordingly the defendants are not entitled to...

Source-derived case information.

Citation
KEEP POINT DEVELOPMENT LTD. v. MAN MEI FUNG
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
HCA4741/1999
Procedural Posture
Civil Summary Judgment (declaratory Relief) / Application for Summary Judgment Heard in Chambers; Judgment Delivered 16 November 1999
Outcome
Summary judgment for the plaintiff: declarations granted that the 14 agreements are null and void as against the plaintiff; injunctions granted; specific registrations vacated; no order as to costs.
Legal Topics
Summary Judgment, Declaratory Relief, Unauthorised Agency, Registration of Instruments, Injunction, Vacation of Registration
Source Language
en
Civil Property Contract Equity Land Law Summary Judgment Declaratory Relief Unauthorised Agency +3 more

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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

Civil Summary Judgment (declaratory Relief) / Application for Summary Judgment Heard in Chambers; Judgment Delivered 16 November 1999

Legal Issues

  1. 1 Whether purported sale agreements signed by an unauthorised agent bind the plaintiff
  2. 2 Whether Messrs. Ho & Chan were appointed solicitors and could validly receive deposits as stakeholders
  3. 3 Whether the defendants are entitled to register the agreements in the Land Registry

Ratio Decidendi

Because the evidence established that Cheng Kwok Fai lacked authority to execute the sale agreements on behalf of the plaintiff and Messrs. Ho & Chan were not appointed solicitors for those transactions, the agreements are null and void as against the plaintiff; accordingly the defendants are not entitled to register them and the Court will grant declaratory relief, injunctions and vacation of registrations where already effected.

Court Disposition

Summary judgment for the plaintiff: declarations granted that the 14 agreements are null and void as against the plaintiff; injunctions granted; specific registrations vacated; no order as to costs.

Orders

  • Declare that the 14 purported sale and purchase agreements are not binding on the plaintiff and are absolutely null and void as against the plaintiff
  • Declare that the defendants are not entitled to register the agreements in the Land Registry