17 Nov 2003
COVA ENTERPRISES LTD v. RUDDY TJANAKA
- Citation
- COVA ENTERPRISES LTD v. RUDDY TJANAKA
- Court
- Court of First Instance
- Case number
- HCMP368/2003
The defendant failed to prove good title by the completion date because the adverse Singapore consent order and absence of candid, complete answers to requisitions left a real risk of a successful third party claim; the foreign order was not determinative or registrable in Hong Kong and the vendor did not dispel doubts; accordingly the plaintiff validly rescinded, is entitled to return of deposits with interest, wasted conveyancing costs and an equitable lien; counterclaim dismissed.