23 Nov 1999
WU WING KUEN v. LEUNG KWAI LIN CINDY
- Citation
- WU WING KUEN v. LEUNG KWAI LIN CINDY
- Court
- Court of Appeal
- Case number
- CACV240/1999
Section 13 of the Conveyancing and Property Ordinance does not abolish the common‑law rule permitting secondary evidence of lost title documents; vendors may prove title by clear and cogent secondary evidence of contents and due execution when originals are lost, but where a material instrument is missing the secondary evidence must include proof of due execution; the statutory presumption in s.23 cannot be used, where the instrument cannot be produced at all, to dispense with the requirement to prove due execution (majority on that point).