Hong Kong Case Law: Decisions & Judgments

Topic

Encumbrance on title

Legal area

Court

11 Sept 2017

RECALL INTERNATIONAL LTD v. PANTEN LTD

Citation

RECALL INTERNATIONAL LTD v. PANTEN LTD
Court

Court of Appeal
Case number

CACV43/2017

The summary judgment was set aside because there was a genuine triable issue whether the right to use the subject entrance formed part of the subject matter of the sale; where such a disputed question exists and the writ advanced only personal claims (not necessarily an encumbrance on title), summary determination on specific performance was inappropriate and the defendant was entitled to unconditional leave to defend.
20 May 2013

HO CHING GROUP LTD v. TSANG PUI LIN, TSANG WAI MAN AND TSANG PUI LIN, CARLA

Citation

HO CHING GROUP LTD v. TSANG PUI LIN, TSANG WAI MAN AND TSANG PUI LIN, CARLA<br>
Court

Court of First Instance
Case number

HCMP1496/2012

The court held the right of way via the internal staircase did not constitute an encumbrance on title because the staircase had been removed long before, the external staircase had been used without complaint for many years, and any litigation risk was fanciful; defendants had shown good title; clause 6 in any event precluded the purchaser's requisitions; therefore the plaintiff's claims were dismissed and the defendants were entitled to forfeit the deposits and recover documented wasted conveyancing costs of HK$31,767.00 plus interest and costs of the action.
7 Aug 1995

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN

Citation

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN
Court

Court of First Instance
Case number

HCMP1866/1995

The second Building Order as registered constituted a real and subsisting encumbrance because it created an actual liability on individual owners to contribute to remedial works; however, on the facts the liability was limited and the vendor's undertaking to be responsible for the apportioned costs (evidenced by tenders and an apportioned cap) cured any title defect and was adequate to refuse rescission; accordingly the rescission application was dismissed but protective orders (retention of HK$100,000) and costs were awarded.
6 Jun 1995

HOMYIP INVESTMENT LTD. v. CHU KANG MING TRADE DEVELOPMENT CO. LTD.

Citation

HOMYIP INVESTMENT LTD. v. CHU KANG MING TRADE DEVELOPMENT CO. LTD.
Court

Court of First Instance
Case number

HCMP1100/1995

The court held that the existence of an unauthorised additional storey within the boundaries of a house constitutes an encumbrance on title; the defendant failed to show good title and failed to answer the purchaser's requisition satisfactorily; accordingly the purchaser was entitled to rescind the Agreement and recover the deposit and costs of investigating title.

Hong Kong Case Law

RECALL INTERNATIONAL LTD v. PANTEN LTD

HO CHING GROUP LTD v. TSANG PUI LIN, TSANG WAI MAN AND TSANG PUI LIN, CARLA

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN

HOMYIP INVESTMENT LTD. v. CHU KANG MING TRADE DEVELOPMENT CO. LTD.