KEEP POINT DEVELOPMENT LTD. v. MAN MEI WA POLLY

KEEP POINT DEVELOPMENT LTD. v. MAN MEI WA POLLY

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 or stakeholders for those transactions, the agreements are not binding on the plaintiff and are null and void; accordingly the defendants have no entitlement to register those agreements and the court will grant declaratory relief, injunctive relief and vacate registrations already effected.

Citation
KEEP POINT DEVELOPMENT LTD. v. MAN MEI WA POLLY
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
HCA7851/1999
Procedural Posture
Application for Summary Judgment / Heard in Chambers; Judgment Delivered
Outcome
Summary judgment entered for the plaintiff: declarations granted, injunctions granted, specified Land Registry registrations vacated; no order as to costs and no damages awarded
Legal Topics
Summary Judgment, Declaratory Relief, Injunction, Unauthorised Agency, Vacation of Land Registration, Holding Out
Source Language
EN
Property Law Civil Procedure Land Registration Agency Law Equity Summary Judgment Declaratory Relief Injunction +3 more

Case Brief

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

Application for Summary Judgment / Heard in Chambers; Judgment Delivered

Legal Issues

  1. 1 Whether agreements purportedly executed by an unauthorised agent are binding on the plaintiff
  2. 2 Whether solicitors who purportedly acted as stakeholders were validly appointed
  3. 3 Whether registrations of the agreements in the Land Registry are valid and can be vacated

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 or stakeholders for those transactions, the agreements are not binding on the plaintiff and are null and void; accordingly the defendants have no entitlement to register those agreements and the court will grant declaratory relief, injunctive relief and vacate registrations already effected.

Court Disposition

Summary judgment entered for the plaintiff: declarations granted, injunctions granted, specified Land Registry registrations vacated; no order as to costs and no damages awarded

Orders

  • Declare that the 14 agreements purportedly made between the plaintiff and the defendants 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