Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rescission for failure of title

Legal area

Court

3 Aug 2023

SKY GLOBE HOLDING LTD v. HUNG LEE ESTATES LTD

Citation

[2023] HKCFI 1995
Court

Court of First Instance
Case number

HCA9/2023

The vendor failed to produce certified true copies of the apportionment notice and other outstanding building order documents within a reasonable time before completion, failed to satisfactorily answer requisitions relating to building orders and fire safety directions and therefore could not show or give a good title; accordingly the purchaser validly rescinded the PSPA and was entitled to return of deposits with interest and costs.
7 Feb 1994

JENMASTER DEVELOPMENT LTD. v. LAM WAI CHUNG AND ANOTHER

Citation

JENMASTER DEVELOPMENT LTD. v. LAM WAI CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMP4206/1993

The balcony constituted an easement/appurtenance that passed by operation of s.16 Cap.219 despite omission in later assignments; the purchaser's second requisition arose as a direct consequence of the first and was not time‑barred; the vendors failed to provide satisfactory answers to material requisitions about the existence and legality of enclosed balcony works affecting title; accordingly the purchaser was entitled to the declaratory relief sought and ancillary orders (including orders nisi as to reimbursement and costs).