Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 60 conveyancing and property ordinance (cap.219)

Legal area

Court

2 Feb 2007

CHINA CONSTRUCTION REALTY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS

Citation

CHINA CONSTRUCTION REALTY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1294/2005

The 5th defendant demonstrated a meritorious defence under s.60(3) by showing that the consideration and terms were explicable by commercial risk and expenditure, there was insufficient evidence of actual or constructive notice of the Australian proceedings, and mere undervalue or absence of legal advice did not establish notice; accordingly the default judgment was set aside unconditionally.
17 Jul 1990

HONOUR FINANCE CO LTD v. POON TING CHAU AND ANOTHER

Citation

HONOUR FINANCE CO LTD v. POON TING CHAU AND ANOTHER
Court

Court of Appeal
Case number

CACV14/1990

The Court held that the onus under s.60(3) is on the transferee to prove valuable consideration, good faith and absence of notice; however, on the facts and credibility findings the judge's conclusion that the wife bought for full consideration in good faith and without notice was supported on the balance of probabilities and the misdirection on burden did not render the result unsafe, so the appeal was dismissed.