TONG YUEN KING & ANOTHER v. ROBERTO SIU LUI

TONG YUEN KING & ANOTHER v. ROBERTO SIU LUI

Court accepted identity of the person and existence and contents of the missing assignment but held that s.13 CPO mandates production of the original or a certified true copy; secondary evidence was therefore insufficient and the plaintiffs' application was dismissed.

Citation
TONG YUEN KING & ANOTHER v. ROBERTO SIU LUI
Parties
1st Plaintiff (vendor): TONG YUEN KING; 2nd Plaintiff (vendor): CHAN CHUEN CHONG EMMA; Defendant (purchaser): ROBERTO SIU LUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1995
Case Number
HCMP2949/1995
Procedural Posture
Vendor and Purchaser Summons (conveyancing) / Judgment
Outcome
Plaintiffs' application dismissed
Legal Topics
Proof of Title, Lost Document, Section 13 CPO, Secondary Evidence, Identity of Parties
Source Language
EN
Conveyancing and Property Ordinance Land Law Evidence Civil Procedure Proof of Title Lost Document Section 13 CPO Secondary Evidence +1 more

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Parties

TONG YUEN KING

1st Plaintiff (vendor)

CHAN CHUEN CHONG EMMA

2nd Plaintiff (vendor)

ROBERTO SIU LUI

Defendant (purchaser)

Procedural Posture

Vendor and Purchaser Summons (conveyancing) / Judgment

Legal Issues

  1. 1 Whether s.13 CPO requires production of the original assignment or a certified true copy or whether secondary evidence suffices
  2. 2 Whether the differently spelt names refer to the same person (identity of Miss Chan)

Ratio Decidendi

Court accepted identity of the person and existence and contents of the missing assignment but held that s.13 CPO mandates production of the original or a certified true copy; secondary evidence was therefore insufficient and the plaintiffs' application was dismissed.

Court Disposition

Plaintiffs' application dismissed

Orders

  • Plaintiffs' application dismissed
  • No order as to costs