20 May 1997
LO TAI YAM v. HU MU SIMON AND ANOTHER
- Citation
- LO TAI YAM v. HU MU SIMON AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1556/1996
The court held the 1979 mortgage, even if procured by an attorney who benefitted indirectly, was at most voidable not void; given the statutory presumptions in s.13(4) and s.13(4A), the protection afforded by s.52, the contemporaneous facts and long acquiescence, and adequate corroborative conveyancing evidence, the alleged defects (authority, signature discrepancies, missing Schedule A) did not defeat proof of good title and the plaintiff's application failed.