CREATE GAIN LTD v. WEALTHY INVESTMENT LTD

CREATE GAIN LTD v. WEALTHY INVESTMENT LTD

The court declared that the statutory declarations and the additional supporting evidence produced were sufficient to satisfy both requisitions; therefore the requisitions have been complied with, and the plaintiff was justified in commencing proceedings and should be awarded costs subject to submissions.

Citation
CREATE GAIN LTD v. WEALTHY INVESTMENT LTD
Parties
Plaintiff (mp2255/92): Win Mode Industries Limited; Defendant (mp2255/92); Plaintiff (mp2272/92): Create Gain Limited; Defendant (mp2272/92): Wealthy Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 1992
Case Number
HCMP2272/1992
Procedural Posture
High Court Miscellaneous Proceedings (originating Summonses) / Judgment Delivered 9 October 1992
Outcome
Declaration that the evidence now produced satisfies the two requisitions and that the requisitions have been complied with; Win Mode was justified in commencing proceedings and entitled to costs subject to submissions.
Legal Topics
Requisitions on Title, Evidence of Signature, Statutory Declarations, Presumption Under S.23, Completion and Costs
Source Language
EN
Conveyancing and Property Law Contract Law Civil Procedure Requisitions on Title Evidence of Signature Statutory Declarations Presumption Under S.23 Completion and Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Win Mode Industries Limited

Plaintiff (mp2255/92)

Create Gain Limited

Defendant (mp2255/92); Plaintiff (mp2272/92)

Wealthy Investment Limited

Defendant (mp2272/92)

Procedural Posture

High Court Miscellaneous Proceedings (originating Summonses) / Judgment Delivered 9 October 1992

Legal Issues

  1. 1 Whether discrepant signatures on assignments defeat the presumption under s.23 of the Conveyancing and Property Ordinance
  2. 2 What constitutes "proper conveyancing evidence" to verify disputed signatures
  3. 3 Whether purchaser was entitled to commence proceedings or be released from contract for insufficient replies to requisitions

Ratio Decidendi

The court declared that the statutory declarations and the additional supporting evidence produced were sufficient to satisfy both requisitions; therefore the requisitions have been complied with, and the plaintiff was justified in commencing proceedings and should be awarded costs subject to submissions.

Court Disposition

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

Orders

  • Declaration that requisitions on title have been complied with
  • Win Mode to have its costs of the proceedings, to be quantified following submissions