CHAN SIU HAN v. TONG YUK LAN

CHAN SIU HAN v. TONG YUK LAN

Where a defendant raises an arguable defence that completion was to be by undertaking under the Law Society Circular and that the solicitors' undertaking and timeframes may satisfy title requisitions, the factual and legal issues are unsuitable for summary disposal; the interlocutory application must be allowed to go to trial to determine applicability and compliance with the Circular while recognising the vendor's general duty to produce originals of title documents.

Citation
CHAN SIU HAN v. TONG YUK LAN
Parties
Purchaser: Plaintiff/Purchaser; Vendor: Defendant/Vendor
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 December 2008
Case Number
DCCJ3432/2008
Procedural Posture
Contract for Sale of Land; Rescission and Return of Deposit / Interlocutory Application Under District Court Ordinance 86 R.1 Remitted to Trial
Outcome
Interlocutory application not granted; matter ordered to proceed to trial unconditionally
Legal Topics
Vendor's Obligation to Give Title, Rescission of Contract, Deposit Forfeiture, Law Society Circular Undertakings, Conveyancing and Property Ordinance S.13 A(1)
Source Language
EN
Property Law Contract Law Civil Procedure Vendor's Obligation to Give Title Rescission of Contract Deposit Forfeiture Law Society Circular Undertakings Conveyancing and Property Ordinance S.13 A(1)

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Parties

Plaintiff/Purchaser

Purchaser

Defendant/Vendor

Vendor

Procedural Posture

Contract for Sale of Land; Rescission and Return of Deposit / Interlocutory Application Under District Court Ordinance 86 R.1 Remitted to Trial

Legal Issues

  1. 1 Whether the Law Society of Hong Kong Circular undertaking applies to the three missing documents
  2. 2 Whether the Vendor's solicitors complied with the Circular's time limits (eg 21 days) or specified a sufficient delivery timeframe
  3. 3 Whether failure to produce original title documents on completion permits rescission and return of deposit

Ratio Decidendi

Where a defendant raises an arguable defence that completion was to be by undertaking under the Law Society Circular and that the solicitors' undertaking and timeframes may satisfy title requisitions, the factual and legal issues are unsuitable for summary disposal; the interlocutory application must be allowed to go to trial to determine applicability and compliance with the Circular while recognising the vendor's general duty to produce originals of title documents.

Court Disposition

Interlocutory application not granted; matter ordered to proceed to trial unconditionally

Orders

  • Matter to go to trial unconditionally
  • Costs in the cause with certificate for counsel; to be taxed if not agreed