18 Mar 2016
JOVIAN CORPORATE COMMUNICATIONS LTD v. LINK WIDE INTERNATIONAL INVESTMENT (HONG KONG) LTD
- Citation
- JOVIAN CORPORATE COMMUNICATIONS LTD v. LINK WIDE INTERNATIONAL INVESTMENT (HONG KONG) LTD
- Court
- Court of Appeal
- Case number
- CACV199/2015
The Court held that the DMC&P did not constitute a partition within Clause 2(1)(b) because the Deed of Exchange effected the allocation of undivided shares and the DMC&P preserved co-ownership while granting exclusive rights; alternatively, even if it were a partition, the Governor's written approval, endorsed on related contemporaneous documents (MTR Agreement/MTR Assignment), encompassed approval for the DMC&P so absence of an endorsement on the DMC&P itself did not render the title defective. Therefore the title was good, the Defence and Counterclaim were properly struck out and judgment f…