WONG MAN KIT RAYMOND v. CHAN NAM FAN

WONG MAN KIT RAYMOND v. CHAN NAM FAN

Clause 10(a)'s contractual time limit barred the plaintiff's late requisition because the balcony conversion was clear and discoverable at the time the title documents were delivered; therefore the purchaser was deemed to have accepted the vendor's title and the vendor did not waive its rights by its solicitors' replies; the plaintiff's rescission failed and the originating summons was dismissed.

Citation
WONG MAN KIT RAYMOND v. CHAN NAM FAN
Parties
Purchaser/plaintiff: Wong Man Kit Raymond; Vendor/defendant: Chan Fan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 1998
Case Number
HCMP4391/1997
Procedural Posture
HCMP 4391/97 Originating Summons (sale and Purchase Dispute) / Judgment on Liability (court of First Instance)
Outcome
Originating Summons dismissed; Plaintiff's claims denied; costs ordered against Plaintiff; Defendant's counterclaim stood over.
Legal Topics
Requisitions on Title, Waiver, Root of Title, Rescission, Contractual Time Limits, Deposit Forfeiture
Source Language
EN
Conveyancing Property Law Contract Law Civil Procedure Requisitions on Title Waiver Root of Title Rescission +2 more

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Parties

Wong Man Kit Raymond

Purchaser/plaintiff

Chan Fan

Vendor/defendant

Procedural Posture

HCMP 4391/97 Originating Summons (sale and Purchase Dispute) / Judgment on Liability (court of First Instance)

Legal Issues

  1. 1 Whether an out-of-time requisition can be raised where it goes to the vendor's root of title
  2. 2 Whether Clause 10(a) contractual time limit for requisitions was waived by the vendor's solicitors' correspondence
  3. 3 Whether the plaintiff validly rescinded the agreement and is entitled to refund of the deposit

Ratio Decidendi

Clause 10(a)'s contractual time limit barred the plaintiff's late requisition because the balcony conversion was clear and discoverable at the time the title documents were delivered; therefore the purchaser was deemed to have accepted the vendor's title and the vendor did not waive its rights by its solicitors' replies; the plaintiff's rescission failed and the originating summons was dismissed.

Court Disposition

Originating Summons dismissed; Plaintiff's claims denied; costs ordered against Plaintiff; Defendant's counterclaim stood over.

Orders

  • Originating Summons dismissed
  • Order nisi that the costs of and occasioned by the Plaintiff's application be to the Defendant, to be taxed if not agreed