ZHANG XUESHUAI v. LAI MOON WING

ZHANG XUESHUAI v. LAI MOON WING

The statutory declaration was inadequate because the declarant did not have custody of the missing original title deeds and could not, of his own knowledge, explain how they were lost; consequently the vendor failed to prove or give good title and the purchaser was entitled to determine the Agreement and recover the paid deposit with interest and costs.

Citation
ZHANG XUESHUAI v. LAI MOON WING
Parties
Plaintiff: Plaintiff (purchaser); Defendant (vendor/committee): Lai Chan Wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2013
Case Number
DCMP2400/2012
Procedural Posture
Vendor‑purchaser Summons (miscellaneous Proceedings No 2400 of 2012) / Judgment (25 November 2013)
Outcome
Plaintiff's claim upheld: defendant found to have failed to show/give good title; plaintiff entitled to terminate and recover deposit with interest and costs
Legal Topics
Good Title, Missing Title Deeds, Statutory Declaration, Equitable Mortgage, Deposit Recovery, Vendor's Duty to Answer Requisitions
Source Language
EN
Conveyancing Property Law Contract Law Civil Procedure Good Title Missing Title Deeds Statutory Declaration Equitable Mortgage +2 more

Case Brief

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Parties

Plaintiff (purchaser)

Plaintiff

Lai Chan Wing

Defendant (vendor/committee)

Procedural Posture

Vendor‑purchaser Summons (miscellaneous Proceedings No 2400 of 2012) / Judgment (25 November 2013)

Legal Issues

  1. 1 Whether the statutory declaration explaining missing title deeds was valid and sufficient
  2. 2 Whether the defendant (vendor) proved and could give good title to the property
  3. 3 Whether the plaintiff was entitled to determine the agreement and recover the deposit with interest and costs

Ratio Decidendi

The statutory declaration was inadequate because the declarant did not have custody of the missing original title deeds and could not, of his own knowledge, explain how they were lost; consequently the vendor failed to prove or give good title and the purchaser was entitled to determine the Agreement and recover the paid deposit with interest and costs.

Court Disposition

Plaintiff's claim upheld: defendant found to have failed to show/give good title; plaintiff entitled to terminate and recover deposit with interest and costs

Orders

  • Defendant to pay to the plaintiff the sum of HK$220,000 being the deposits paid for the purchase of the Property, with interest at judgment rate from 27 April 2012 until payment
  • Defendant to pay costs of and incidental to this application (including all costs reserved), to be taxed if not agreed, with certificate for Counsel (order nisi)