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Hong Kong Case Law

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Conveyancing [2023] HKCFI 1837

RESOURCES LEADER LTD v. HO NGO YING

Trial judgment in a conveyancing dispute over unauthorized building works, late requisitions on title, and deposit forfeiture. The court dismissed the purchaser’s claim.

  • Unauthorized building works
  • Requisitions on title
  • Good title
  • Rescission
  • Deposit forfeiture
  • Waiver
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Conveyancing [2023] HKCFI 1295

LIU WAI YIN v. FAILIC TRADING CO LTD

The court dismissed a vendor and purchaser summons, holding the defendant had shown good title to the property and that any risk of challenge under s.55 PAO was remote and fanciful.

  • Title to property
  • Section 55 probate and administration ordinance
  • Requisitions on title
  • Risk of enforcement/action by beneficiaries
  • Limitation and laches (referenced)
  • Good-title
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Conveyancing [2022] HKDC 1007

AMPLE HAPPINESS LTD v. SUNRISE ENTERPRISES HOLDINGS LTD

Vendor and purchaser summons over a parking space. The court held the vendor failed to answer requisitions on a layout plan and an assent, so title was not shown.

  • Vendor's duty to prove good title
  • Requisitions on title
  • Assent by administratrix and proof of beneficiaries
  • Section 68(8) probate and administration ordinance
  • Midnight rule (time for completion)
  • Forfeiture of deposits
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Conveyancing [2022] HKCFI 1051

KU HIU YANG HAYLEY v. YANG LI

法院裁定原告未能證明可給予妥善業權;因一份已登記的解除押記文件未獲充分證明屬錯誤,原告的履約令申請被駁回。

  • Discharge of charge
  • Mortgagee power of sale
  • Good title
  • Requisitions on title
  • Presumption as to order of execution
  • Rectification/mistake
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Conveyancing [2022] HKCFI 889

THAPA BISHNU MAYA v. CHAN SHIU LAM

The court dismissed a vendor-and-purchaser summons over a property sale, holding that the purchaser had not shown the water seepage litigation affected title.

  • Title to property
  • Requisitions on title
  • Repudiation of contract
  • Water seepage
  • Building orders
  • Registration of writ
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Property law [2022] HKCFI 209

WONG ANITA SHU TING (formerly known as Wong Shu Ting Anita) v. YUEN YIU CHUNG

The Court held that a 2010 family court order and later assignment severed a joint tenancy, so the vendor proved good title and answered the requisition.

  • Severance of joint tenancy
  • Vendor's obligation to show and make good title
  • Requisitions on title
  • Effect of family court property transfer orders
  • Specific performance risk
  • Severance-of-joint-tenancy
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Conveyancing [2021] HKCFI 702

LIBRA SUMMER LTD v. DERECHO LTD

The Court held that the vendor had shown good title to a Hillier Street property and dismissed the purchaser’s vendor-and-purchaser summons.

  • Good title
  • Requisitions on title
  • Government/crown lease
  • Missing root title documents
  • Re-entry
  • Section 13 cpo
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Property law [2020] HKCFI 2689

MULTI ELITE LTD v. LI YAN PING AND ANOTHER

The court held that a waiver clause in a shop sale agreement barred objections based on alleged UBWs, so the purchaser’s refusal to complete was repudiatory.

  • Waiver clause
  • Unauthorised building works (ubws)
  • Good title
  • Requisitions on title
  • Agency duty of care
  • Deposit forfeiture
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Property law [2019] HKCFI 1677

IP FONG KENG v. FONG YU SHING AND ANOTHER

The court held the vendor’s answers to requisitions on title were inadequate, so the purported annulment of the sale was invalid and the deposits had to be returned.

  • Title defects
  • Requisitions on title
  • Repudiation of contract
  • Return of deposit
  • Fire safety orders
  • Common parts contributions
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Conveyancing [2018] HKCA 967

KINGDOM MILES LTD v. EVER CRYSTAL LTD

Court of Appeal held the certified copy Conditions of Grant was sufficient proof of title; missing historic letters did not create a real risk to title.

  • Proof of title
  • Production of title documents
  • Missing title deeds
  • Section 13 cpo
  • Good title
  • Vendor and purchaser summons
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.