WIN MODE INDUSTRIES LTD v. CREATE GAIN LTD

WIN MODE INDUSTRIES LTD v. CREATE GAIN LTD

Statutory declarations by the signatories, together with supporting documentary evidence (eg passports), constitute proper conveyancing evidence to satisfy requisitions on title; the statutory declarations subsequently produced in these proceedings cured the defects and the requisitions are therefore satisfied; the purchaser was justified in commencing the proceedings and is entitled to costs subject to submissions.

Citation
WIN MODE INDUSTRIES LTD v. CREATE GAIN LTD
Parties
Plaintiff (hcmp2255/1992): Win Mode Industries Limited; Defendant (hcmp2255/1992); Plaintiff (hcmp2272/1992): Create Gain Limited; Defendant (hcmp2272/1992): Wealthy Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 1992
Case Number
HCMP2255/1992
Procedural Posture
High Court Miscellaneous Proceedings (originating Summonses) / Heard and Judgment Delivered on Originating Summons (9 October 1992)
Outcome
Declaration that the evidence now available satisfies the two requisitions and that the requisitions have been complied with; Win Mode was justified in commencing proceedings and should have its costs subject to submissions.
Legal Topics
Requisitions on Title, Evidence of Execution, Statutory Declaration, Presumption of Signature, Completion, Costs
Source Language
EN
Conveyancing Property Law Contract Law Civil Procedure Requisitions on Title Evidence of Execution Statutory Declaration Presumption of Signature +2 more

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Parties

Win Mode Industries Limited

Plaintiff (hcmp2255/1992)

Create Gain Limited

Defendant (hcmp2255/1992); Plaintiff (hcmp2272/1992)

Wealthy Investment Limited

Defendant (hcmp2272/1992)

Procedural Posture

High Court Miscellaneous Proceedings (originating Summonses) / Heard and Judgment Delivered on Originating Summons (9 October 1992)

Legal Issues

  1. 1 Whether disputed signatures on assignments were proved to have been executed by the same person
  2. 2 Whether the evidence constituted 'proper conveyancing evidence' to satisfy requisitions on title
  3. 3 Whether the presumption in s.23 of the Conveyancing and Property Ordinance applied

Ratio Decidendi

Statutory declarations by the signatories, together with supporting documentary evidence (eg passports), constitute proper conveyancing evidence to satisfy requisitions on title; the statutory declarations subsequently produced in these proceedings cured the defects and the requisitions are therefore satisfied; the purchaser was justified in commencing the proceedings and is entitled to costs subject to submissions.

Court Disposition

Declaration that the evidence now available satisfies the two requisitions and that the requisitions have been complied with; Win Mode was justified in commencing proceedings and should have its costs subject to submissions.

Orders

  • Declaration that the two requisitions on title have been satisfied by the evidence now produced
  • Costs to be awarded to Win Mode Industries Limited, to be quantified after any submissions by the parties