SULLIVAN LUKE JOSEPH v. CHAN SUK KUEN AND ANOTHER

SULLIVAN LUKE JOSEPH v. CHAN SUK KUEN AND ANOTHER

The court held that both discrepancies were clerical/identifiable errors resolvable by construing the instruments against the surrounding title history and memorials; the defendants' solicitor answers were sufficient to resolve the requisitions, the defendants proved title to the flat and parking space, and the plaintiff's application was dismissed with costs nisi.

Citation
SULLIVAN LUKE JOSEPH v. CHAN SUK KUEN AND ANOTHER
Parties
Purchaser: Plaintiff; Vendor: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2011
Case Number
HCMP900/2011
Procedural Posture
Vendor Purchaser Summons (section 12 Conveyancing and Property Ordinance Cap.219) / Judgment
Outcome
Proceedings dismissed; defendants proved title to the flat and parking space; costs order nisi in favor of defendants against plaintiff
Legal Topics
Title, Requisitions on Title, Construction of Instruments, Rectification, Costs
Source Language
EN
Property Law Conveyancing Civil Procedure Contract Law Title Requisitions on Title Construction of Instruments Rectification +1 more

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Parties

Plaintiff

Purchaser

Defendant

Vendor

Procedural Posture

Vendor Purchaser Summons (section 12 Conveyancing and Property Ordinance Cap.219) / Judgment

Legal Issues

  1. 1 Whether clerical/typographical discrepancies in assignment and carpark plans defeated the defendants' title
  2. 2 Whether the defendants' answers to requisitions on title were sufficient to prove title
  3. 3 Whether the discrepancies required a confirmatory assignment or deed of rectification before completion

Ratio Decidendi

The court held that both discrepancies were clerical/identifiable errors resolvable by construing the instruments against the surrounding title history and memorials; the defendants' solicitor answers were sufficient to resolve the requisitions, the defendants proved title to the flat and parking space, and the plaintiff's application was dismissed with costs nisi.

Court Disposition

Proceedings dismissed; defendants proved title to the flat and parking space; costs order nisi in favor of defendants against plaintiff

Orders

  • Proceedings dismissed
  • Costs ordered nisi that the plaintiff do pay the defendants' costs of these proceedings