Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Power of attorney ordinance s5(4)(b)

Legal area

Court

7 Jun 2001

LAU KWOK CHEONG DINNES AND ANOTHER v. TSE MING CHIU

Citation

LAU KWOK CHEONG DINNES AND ANOTHER v. TSE MING CHIU
Court

Court of First Instance
Case number

HCMP6049/2000

The legal estate in Lot 953 vested in the defendant by operation of law upon compliance and registration of the certificate of compliance under s14 CPO so due execution of the Conditions of Exchange by the defendant was not necessary to prove title; accordingly the 1993 power of attorney and proof of its non-revocation were not required for proof of title, and any estoppel was not established; the defendant had proved title and the plaintiffs' reliefs were dismissed.
10 Feb 1998

FUNG WAI LING AND ANOTHER v. CHEUK PUI YIN AVERIL AND ANOTHER

Citation

FUNG WAI LING AND ANOTHER v. CHEUK PUI YIN AVERIL AND ANOTHER
Court

Court of First Instance
Case number

HCMP2432/1997

The 1996 statutory declaration did not satisfy s5(4)(b) because the "material time" is the time of the transaction (the 1996 release) and a declaration made before that transaction cannot establish the statutory presumption; therefore requisitions remained unanswered on 23 June 1997, the purchasers validly refused completion and later rescinded without waiver, entitling them to return of the HK$232,000 deposit with interest and costs.