RE THE REMAINING PORTION OF SHAUKIWAN LOT NO 132

RE THE REMAINING PORTION OF SHAUKIWAN LOT NO 132

The court allowed limited rectification of the 1987 Assignment by substituting a new Ground Floor plan adding the yard description because the omission contradicted the parties' clear intention, could not be corrected by deed as the original vendor was dissolved, and rectification was necessary to avert future...

Source-derived case information.

Citation
RE THE REMAINING PORTION OF SHAUKIWAN LOT NO 132
Parties
Applicant: NG MEI CHI; Applicant: TSE KWAN KIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2013
Case Number
HCMP1814/2013
Procedural Posture
Application for Rectification of Assignment (property) / Ex Parte Application Decided in Chambers
Outcome
Application partly allowed; limited rectification ordered to add yard description to Ground Floor plan; declaration that rectified assignment takes effect as if executed by original vendor and plan attached at execution; no order as to costs.
Legal Topics
Rectification of Deed, Ambiguity in Conveyancing Plans, Interpretation of Assignment, Ex Parte Relief
Source Language
en
Property Law Land Registration Equity Civil Procedure Rectification of Deed Ambiguity in Conveyancing Plans Interpretation of Assignment Ex Parte Relief

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Parties

NG MEI CHI

Applicant

TSE KWAN KIN

Applicant

Procedural Posture

Application for Rectification of Assignment (property) / Ex Parte Application Decided in Chambers

Legal Issues

  1. 1 Whether the ground floor yard adjoining the shop should be identified and coloured in the assignment plans
  2. 2 Whether the omission in the plans was a mistake such that rectification is available to give effect to the parties' common intention
  3. 3 Whether rectification is appropriate where correction by deed is impossible because the original vendor is dissolved

Ratio Decidendi

The court allowed limited rectification of the 1987 Assignment by substituting a new Ground Floor plan adding the yard description because the omission contradicted the parties' clear intention, could not be corrected by deed as the original vendor was dissolved, and rectification was necessary to avert future conveyancing disputes; all other aspects of the assignment remain unchanged.

Court Disposition

Application partly allowed; limited rectification ordered to add yard description to Ground Floor plan; declaration that rectified assignment takes effect as if executed by original vendor and plan attached at execution; no order as to costs.

Orders

  • The Assignment dated 30 November 1987 registered as Memorial No UB3581898 be rectified by substituting the Ground Floor plan annexed to it with a new linen Ground Floor plan to be submitted within 14 days to be annexed to this order.
  • A declaration that the Assignment as so rectified ought to take effect as if the Assignment had been executed by the vendor at the time of execution thereof and as if the new linen Ground Floor plan had been attached to the Assignment at the time of execution thereof.