21 Jan 2004
NANYANG FINANCE CO LTD v. CHAN KWOK WING
- Citation
- NANYANG FINANCE CO LTD v. CHAN KWOK WING
- Court
- Court of Appeal
- Case number
- CACV125/2003
A registered Form 8 asserting a proprietary claim can render a vendors title commercially defective for the purposes of a sale by a mortgagee even if the mortgage predates the Form 8; absent steps by the vendor to vacate the registration, sell subject to the notice or provide an indemnity, the purchaser is entitled to require proof of good title and may refuse completion and recover the deposit. The appeal was dismissed on that basis.