Hong Kong Case Law: Decisions & Judgments

Topic

Loss of title deeds

Legal area

Court

28 Jan 2025

MAXCOLM FINANCE LTD v. LEUNG MA LEE MARY AND ANOTHER

Citation

[2025] HKDC 126
Court

District Court
Case number

DCMP2824/2023

Leave to appeal refused because the proposed grounds misconceived the reasons for the original judgment, the court properly found the plaintiff and its solicitors had no reasonable evidential basis for asserting loss of title deeds and thereby misled the court, the belated affirmation and revised valuation did not alter that finding or create a real prospect of success, and procedural rules permit dismissal where affidavits are not credible.
22 Jul 2005

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
Court

Court of First Instance
Case number

HCA7769/2000

The court found the defendants failed to prove the alleged oral agreements; contemporaneous documents and witness credibility supported plaintiff; the originating summons had been ordered to continue as if begun by writ so Order 88 rule 5(2) did not require production of original mortgage at trial; loss of the original mortgage and variation deed was proved on the balance of probabilities and did not defeat enforcement; judgment was entered for the plaintiff for the stated sums with interest and full indemnity costs and an order for delivery of vacant possession absent repayment.
22 Jul 2005

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
Court

Court of First Instance
Case number

HCMP3909/2000

The court found on factual and documentary evidence that the defendants admitted the indebtedness, the alleged oral agreements were not proven and were inherently improbable, the originals of the Mortgage and Variation Deed were lost while with the plaintiff's former solicitors and loss was proved on the balance of probabilities, and because the originating summons had been continued as if begun by writ Order 88 r5(2)'s original-document requirement did not apply; accordingly plaintiff entitled to judgment for the secured sums, interest, costs and delivery of possession as ordered.
23 Dec 1997

IP FUNG YEE v. THE NORWEGIAN MISSIONARY SOCIETY

Citation

IP FUNG YEE v. THE NORWEGIAN MISSIONARY SOCIETY
Court

Court of First Instance
Case number

HCMP1956/1997

The court held that under the agreement and s.13 CPO the vendor validly discharged its obligation to prove title by producing Land Registry certified copies and a statutory declaration of loss; the certified copies complied with Land Registry practice and were sufficient; the power of attorney either authorized the gift on a bona fide construction or, if ultra vires, the disposition was voidable and had been effectively affirmed by the donor; s.13(4A) would in any event conclusively presume validity; accordingly plaintiffs' requisitions were adequately answered and their claims were dismissed.

Hong Kong Case Law

MAXCOLM FINANCE LTD v. LEUNG MA LEE MARY AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER

IP FUNG YEE v. THE NORWEGIAN MISSIONARY SOCIETY