Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Good title vs perfect title

Legal area

Court

22 Sept 2008

GOOD LION LTD v. CHUNG SAI WING

Citation

GOOD LION LTD v. CHUNG SAI WING
Court

Court of First Instance
Case number

HCMP665/2008

The court applied the presumption of due execution under s23A(1) CPO, found the misspelling on the company seal was an inadvertent defect with clear intention that the seal belonged to Dandiluxe Developments Limited, and held there was no real risk of a successful challenge to title; accordingly the plaintiff satisfied Requisition 2 and proved a good title.
22 Jun 2001

LEONART LTD. v. TURN FINE DEVELOPMENT LTD.

Citation

LEONART LTD. v. TURN FINE DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCMP432/2001

The judge held that a liquidator's sale to himself is not equivalent to a mortgagee selling to himself and is voidable rather than absolutely void; on the facts the 1975 assignment was made openly with required filings and distributions and there has been long acquiescence and intervening third party interests, so the risk of a successful challenge is remote and fanciful; accordingly the defendant proved beyond reasonable doubt that the title is good and the court declared the title good.