30 Apr 2008
SUNNY SHINE INVESTMENT LTD v. EVE INTERNATIONAL ENTERPRISE LTD AND OTHERS
- Citation
- SUNNY SHINE INVESTMENT LTD v. EVE INTERNATIONAL ENTERPRISE LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1953/2007
The court held that the Proviso to s.33(9) limits the Building Authority's remedies against a bona fide purchaser who acquired and registered an interest after completion of the works and before registration, but that a purchaser who acquires after registration (Sunny Shine) is not protected by the Proviso. Therefore the registered s.33(1) certificate constituted an incumbrance affecting Sunny Shine's title to the 1st Property and had to be dealt with by the vendor. Separately, ambiguous and incomplete evidence of demolition of unauthorised works for the 2nd and 3rd Properties meant there rem…