Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assignment of leasehold interests

Legal area

Court

12 Jun 1996

TURN-KEY INTERNATIONAL LTD. v. HUI KIN SANG and Another

Citation

TURN-KEY INTERNATIONAL LTD. v. HUI KIN SANG and Another
Court

Court of First Instance
Case number

HCMP1755/1996

The assignment registered as memorial 224464, read in the context of prior assignments, transferred the vendor's full estate and interest in the 4th floor including quiet enjoyment and rights of access; therefore the purchaser's requisitions were invalid and out of time, declarations were refused, and costs were ordered against the plaintiff with an indemnity for the defendants in respect of the third party's costs.
2 Aug 1993

LAU SIU YING AND ANOTHER V. WONG CHEUNG TAI

Citation

LAU SIU YING AND ANOTHER V. WONG CHEUNG TAI
Court

Court of First Instance
Case number

HCMP669/1993

The judge held that the risk of a successful attack on the plaintiffs' title by beneficiaries under the 1952 trust was merely fanciful given the open Assignment to a Corporation of the same name, the incorporation and dissolution timeline, absence of any claim over 30 years, presumption of consent or acquiescence, practical impossibility and injustice of tracing or enforcing a remedy against the intermingled building and third- party interests, and the likely availability of claims (if any) against proceeds rather than the Property; accordingly the plaintiffs have shown a good title and the t…