KEEP POINT DEVELOPMENT LTD. v. SZETO CHUNG

KEEP POINT DEVELOPMENT LTD. v. SZETO CHUNG

The agreements were executed by a person without authority and Messrs. Ho & Chan were not the Plaintiff's solicitors for those transactions; there was no sufficient evidence of holding out or estoppel to bind the Plaintiff; therefore the agreements are null and void as against the Plaintiff, the defendants are restrained from registering them, and existing registrations in specified actions must be vacated.

Citation
KEEP POINT DEVELOPMENT LTD. v. SZETO CHUNG
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
HCA4739/1999
Procedural Posture
Application for Summary Judgment (declaratory Relief and Injunction) / Judgment Delivered (application Heard Together on 16 November 1999)
Outcome
Application granted in part: declarations and injunction issued; specified registrations vacated; no order as to costs and no damages awarded.
Legal Topics
Summary Judgment, Agency and Ostensible Authority, Registration of Sale Agreements, Declaratory Relief, Injunction, Vacating Registration
Source Language
EN
Property Contract Equity Civil Procedure Summary Judgment Agency and Ostensible Authority Registration of Sale Agreements Declaratory Relief +2 more

Case Brief

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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

Application for Summary Judgment (declaratory Relief and Injunction) / Judgment Delivered (application Heard Together on 16 November 1999)

Legal Issues

  1. 1 Whether agreements signed by an unauthorised agent bind the Plaintiff
  2. 2 Whether Messrs. Ho & Chan acted as solicitors for the Plaintiff and could accept deposits as stakeholders
  3. 3 Whether defendants are entitled to register the agreements in the Land Registry

Ratio Decidendi

The agreements were executed by a person without authority and Messrs. Ho & Chan were not the Plaintiff's solicitors for those transactions; there was no sufficient evidence of holding out or estoppel to bind the Plaintiff; therefore the agreements are null and void as against the Plaintiff, the defendants are restrained from registering them, and existing registrations in specified actions must be vacated.

Court Disposition

Application granted in part: declarations and injunction issued; specified registrations vacated; no order as to costs and no damages awarded.

Orders

  • Declare that the 14 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