HUI KIN SANG and Another v. YEUNG YEE HOO

HUI KIN SANG and Another v. YEUNG YEE HOO

The court held that the series of assignments unequivocally conveyed the full estate and rights to Yeung and consequently the sub-vendors could show and convey good title; the purchaser's requisitions were unfounded and out of time, therefore declarations were refused and costs were ordered against the plaintiff with indemnity for the defendants in respect of Yeung's costs.

Citation
HUI KIN SANG and Another v. YEUNG YEE HOO
Parties
Plaintiff (mp1755): Turn-Key International Limited; Defendant (mp1755); Plaintiff (mp1780): Hui Kin Sang; Defendant (mp1755); Plaintiff (mp1780): Sin Pui Chung; Defendant (mp1780): Yeung Yee Hoo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 1996
Case Number
HCMP1780/1996
Procedural Posture
Vendor and Purchaser Summons Arising From Sale and Sub Sale of Property / Judgment Following Hearing
Outcome
Declarations sought by purchaser refused; sale and sub-sale permitted to proceed; requisitions dismissed as invalid and out of time.
Legal Topics
Title to Land, Assignment, Deed of Rectification, Requisitions, Quiet Enjoyment, Costs and Indemnity
Source Language
EN
Conveyancing Property Law Contract Law Civil Procedure Title to Land Assignment Deed of Rectification Requisitions +2 more

Case Brief

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Parties

Turn-Key International Limited

Plaintiff (mp1755)

Hui Kin Sang

Defendant (mp1755); Plaintiff (mp1780)

Sin Pui Chung

Defendant (mp1755); Plaintiff (mp1780)

Yeung Yee Hoo

Defendant (mp1780)

Procedural Posture

Vendor and Purchaser Summons Arising From Sale and Sub Sale of Property / Judgment Following Hearing

Legal Issues

  1. 1 Whether the vendor could show and convey good title to the 4th Floor
  2. 2 Whether a Deed of Rectification was required to cure the memorial/assignment
  3. 3 Whether the purchaser's requisitions were valid and timely

Ratio Decidendi

The court held that the series of assignments unequivocally conveyed the full estate and rights to Yeung and consequently the sub-vendors could show and convey good title; the purchaser's requisitions were unfounded and out of time, therefore declarations were refused and costs were ordered against the plaintiff with indemnity for the defendants in respect of Yeung's costs.

Court Disposition

Declarations sought by purchaser refused; sale and sub-sale permitted to proceed; requisitions dismissed as invalid and out of time.

Orders

  • Declarations refused
  • There is no impediment to the sale and sub-sale