LAU KAM SHING AND OTHERS v. CHEUNG CHUEN HON

LAU KAM SHING AND OTHERS v. CHEUNG CHUEN HON

The court held that under s.13 of the Conveyancing and Property Ordinance the Plaintiffs were required only to produce title documents extending back 15 years from the date of the agreement; the Deed of Gift dated 15 October 1992 satisfied that requirement, the alleged defects were at most hypothetical given long lapse of time and absence of competing claim, and therefore the Plaintiffs established good title and sufficiently answered requisitions 1 and 2.

Citation
LAU KAM SHING AND OTHERS v. CHEUNG CHUEN HON
Parties
Vendors: Plaintiffs; Purchaser: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2011
Case Number
HCMP504/2011
Procedural Posture
Miscellaneous Proceedings (originating Summons) / Judgment on Originating Summons
Outcome
Declarations granted that the Plaintiffs have established good title to the Property and have sufficiently answered requisitions 1 and 2; no order as to costs; liberty to apply regarding completion under paragraph 3
Legal Topics
Proof of Title, Statutory Requisitions, Delivery of Title Documents, Title Chain Inconsistencies
Source Language
EN
Conveyancing and Property Land Law Civil Procedure Proof of Title Statutory Requisitions Delivery of Title Documents Title Chain Inconsistencies

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Parties

Plaintiffs

Vendors

Defendant

Purchaser

Procedural Posture

Miscellaneous Proceedings (originating Summons) / Judgment on Originating Summons

Legal Issues

  1. 1 Whether vendor required to produce pre-intermediate root of title documents
  2. 2 Whether requisitions 1 and 2 raised a real risk to purchaser's title
  3. 3 Whether the Plaintiffs have given good title under the Conveyancing and Property Ordinance

Ratio Decidendi

The court held that under s.13 of the Conveyancing and Property Ordinance the Plaintiffs were required only to produce title documents extending back 15 years from the date of the agreement; the Deed of Gift dated 15 October 1992 satisfied that requirement, the alleged defects were at most hypothetical given long lapse of time and absence of competing claim, and therefore the Plaintiffs established good title and sufficiently answered requisitions 1 and 2.

Court Disposition

Declarations granted that the Plaintiffs have established good title to the Property and have sufficiently answered requisitions 1 and 2; no order as to costs; liberty to apply regarding completion under paragraph 3

Orders

  • Declarations in accordance with paragraphs 1 and 2 of the Originating Summons that Plaintiffs have established good title and have answered requisitions 1 and 2
  • Liberty to apply under paragraph 3 of the Originating Summons regarding completion