ON TAK DEVELOPMENT LTD. and Another v. NG WOON TONG and Another

ON TAK DEVELOPMENT LTD. and Another v. NG WOON TONG and Another

The court granted the declaration that the Deed of Rectification and Confirmation was sufficient to rectify the obvious errors in the Assignment because the Assignment plainly referred to the wrong car park and plan, the 1st Plaintiff had no estate in Car Park 95 at the time of the purported assignment so no reassignment to the 1st Plaintiff was possible, and the Land Registry's refusal to register the rectifying deed without a court order was unjustified; accordingly registration should be permitted and the Plaintiffs ordered to pay costs and indemnify stopped fees.

Citation
ON TAK DEVELOPMENT LTD. and Another v. NG WOON TONG and Another
Parties
1st Plaintiff: ON TAK DEVELOPMENT LIMITED; 2nd Plaintiff: MOSUDON COMPANY LIMITED; 1st Defendant: NG WOON TONG; 2nd Defendant: EVER HONOR INDUSTRIES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 1996
Case Number
HCMP1004/1996
Procedural Posture
Originating Summons (rectification of Title) / Judgment (heard in Chambers; Judgment Delivered in Open Court)
Outcome
Declaration granted that the Deed of Rectification and Confirmation is sufficient to rectify the error in the Assignment; costs and indemnity ordered
Legal Topics
Rectification of Title, Deed of Rectification and Confirmation, Registration of Title, Mistake in Assignment, Costs and Indemnity for Stopped Fees
Source Language
EN
Property Law Land Registration Conveyancing Civil Procedure Rectification of Title Deed of Rectification and Confirmation Registration of Title Mistake in Assignment +1 more

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Parties

ON TAK DEVELOPMENT LIMITED

1st Plaintiff

MOSUDON COMPANY LIMITED

2nd Plaintiff

NG WOON TONG

1st Defendant

EVER HONOR INDUSTRIES LIMITED

2nd Defendant

Procedural Posture

Originating Summons (rectification of Title) / Judgment (heard in Chambers; Judgment Delivered in Open Court)

Legal Issues

  1. 1 Whether the Deed of Rectification and Confirmation is sufficient to rectify the mistakes in the Assignment and to be registered against the title to Car Park 95
  2. 2 Whether the Land Registry could properly insist on reassignment to the 1st Plaintiff before registration of the rectifying deed
  3. 3 Whether the 1st Plaintiff had any estate or interest in Car Park 95 at the time of the purported assignment and the legal consequences of that fact

Ratio Decidendi

The court granted the declaration that the Deed of Rectification and Confirmation was sufficient to rectify the obvious errors in the Assignment because the Assignment plainly referred to the wrong car park and plan, the 1st Plaintiff had no estate in Car Park 95 at the time of the purported assignment so no reassignment to the 1st Plaintiff was possible, and the Land Registry's refusal to register the rectifying deed without a court order was unjustified; accordingly registration should be permitted and the Plaintiffs ordered to pay costs and indemnify stopped fees.

Court Disposition

Declaration granted that the Deed of Rectification and Confirmation is sufficient to rectify the error in the Assignment; costs and indemnity ordered

Orders

  • Declaration that Deed of Rectification and Confirmation No.5759385 is sufficient to rectify the error in the Assignment relating to Car Park 95/89
  • Costs of the 1st and 2nd Defendants to be paid by the Plaintiffs, to be taxed if not agreed