21 Oct 2008
The requisitions were sufficiently specific; the vendor failed to prove good title or to show the purchaser was not at real risk of an encumbrance; offers to stakehold or a limited indemnity were inadequate and did not answer the requisitions; therefore there was no arguable defence and summary judgment was appropriate for the purchaser.
19 Dec 2005
The court declared that the prior registered sale and purchase agreement did not defeat a declaration of good title because the prior purchaser's rights appeared abandoned and any enforceable claim was time-barred under section 4(1)(a) of the Limitation Ordinance; therefore production of the original or a statutory declaration was unnecessary and the declaration of good title was granted.
22 Dec 1999
Vendor failed to prove good title because no occupation permit was produced for a building exceeding the regulatory height limit, and the DLO's tolerance could not displace the Building Authority's statutory powers; absence of evidence that Building Authority would not at any time enforce the Buildings Ordinance meant a real risk remained during the whole tenure, entitling plaintiff to refund of deposit and interest; lis pendens A5287 had been vacated and expired and did not affect title; stamp duty refund was not awarded in this action but plaintiff could seek statutory refund under the Stam…