KWOK WAI FAN v. TSE KIN CHUNG

KWOK WAI FAN v. TSE KIN CHUNG

The omissions in the Assignment were clerical or immaterial in context; the absence of an explicit receipt clause did not establish defective title given the recitals and lack of evidence of unpaid consideration; the defendant had adequately answered the requisitions; accordingly the purchaser's summons is dismissed with costs.

Citation
KWOK WAI FAN v. TSE KIN CHUNG
Parties
Plaintiff (purchaser): Kwok Wai Fan; Defendant (vendor): Tse Kin Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 1998
Case Number
HCMP3154/1997
Procedural Posture
Vendor and Purchaser Summons (originating Summons) / Hearing and Judgment (court of First Instance, 20 February 1998)
Outcome
Summons dismissed with costs to the Defendant
Legal Topics
Title Requisitions, Assignment, Receipt Clause, Vendor's Lien, Originating Summons Procedure
Source Language
EN
Conveyancing Property Law Contract Law Civil Procedure Title Requisitions Assignment Receipt Clause Vendor's Lien +1 more

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Parties

Kwok Wai Fan

Plaintiff (purchaser)

Tse Kin Chung

Defendant (vendor)

Procedural Posture

Vendor and Purchaser Summons (originating Summons) / Hearing and Judgment (court of First Instance, 20 February 1998)

Legal Issues

  1. 1 Whether the assignment contained operative words showing transfer of legal estate and vendor's capacity
  2. 2 Whether absence of an explicit receipt clause in the assignment rendered title defective
  3. 3 Whether the defendant adequately answered the purchaser's requisitions as to title

Ratio Decidendi

The omissions in the Assignment were clerical or immaterial in context; the absence of an explicit receipt clause did not establish defective title given the recitals and lack of evidence of unpaid consideration; the defendant had adequately answered the requisitions; accordingly the purchaser's summons is dismissed with costs.

Court Disposition

Summons dismissed with costs to the Defendant

Orders

  • Summons dismissed
  • Costs awarded to the Defendant