KA CHUNG MAN v. LAU YIN LING

KA CHUNG MAN v. LAU YIN LING

Defendant failed to produce the completed Crown lease and the correct Government Notices and did not satisfactorily answer requisitions; letters from the District Lands Office were found to operate as a valid certificate of exemption under the applicable Buildings Ordinance provisions and delegations; on those findings the purchasers were entitled to rescind the agreements and recover their deposits and costs.

Citation
KA CHUNG MAN v. LAU YIN LING
Parties
Purchaser: Plaintiff (Flat C First Floor); Purchaser: Plaintiff (Flat C Second Floor); Vendor: Defendant (vendor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 1997
Case Number
HCMP4098/1996
Procedural Posture
Conveyancing – Dispute Over Completion, Deposit Recovery and Forfeiture Under Conveyancing and Property Ordinance / Summons Under Section 12 of the Conveyancing and Property Ordinance — Hearing and Judgment
Outcome
Summons granted; sale agreements rescinded; plaintiffs entitled to recover deposits; costs ordered payable by defendant (order nisi)
Legal Topics
Requisitions on Title, Production of Crown Lease, Forfeiture and Recovery of Deposits, Occupation Permit, Certificate of Exemption, Government Notices (general and Special Conditions), Delegation of Powers to District Lands Officer
Source Language
EN
Conveyancing Property Law Building Regulation Administrative Law Contract Law Requisitions on Title Production of Crown Lease Forfeiture and Recovery of Deposits +4 more

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 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Plaintiff (Flat C First Floor)

Purchaser

Plaintiff (Flat C Second Floor)

Purchaser

Defendant (vendor)

Vendor

Procedural Posture

Conveyancing – Dispute Over Completion, Deposit Recovery and Forfeiture Under Conveyancing and Property Ordinance / Summons Under Section 12 of the Conveyancing and Property Ordinance — Hearing and Judgment

Legal Issues

  1. 1 Whether the vendor satisfactorily answered requisitions raised by purchasers
  2. 2 Whether the vendor produced the Crown lease and applicable Government Notices as proof of title
  3. 3 Whether the District Lands Office letters constituted a valid certificate of exemption or evidence of compliance with the Buildings Ordinance

Ratio Decidendi

Defendant failed to produce the completed Crown lease and the correct Government Notices and did not satisfactorily answer requisitions; letters from the District Lands Office were found to operate as a valid certificate of exemption under the applicable Buildings Ordinance provisions and delegations; on those findings the purchasers were entitled to rescind the agreements and recover their deposits and costs.

Court Disposition

Summons granted; sale agreements rescinded; plaintiffs entitled to recover deposits; costs ordered payable by defendant (order nisi)

Orders

  • Order in terms of prayers Nos.1-4 of the summonses dated 22 November 1996 granted
  • Agreements rescinded and plaintiffs entitled to recover the deposits