Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Timing of vendor's obligation to show title
  • 27 Jan 2000

    IP CHO SAU AND ANOTHER v. LEUNG KAI CHEONG AND OTHERS

    Citation
    IP CHO SAU AND ANOTHER v. LEUNG KAI CHEONG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1288/1998

    Although unauthorized works constituted a defect in title and the time limit for requisitions did not apply to matters not apparent on title deeds, the purchasers repudiated the contract prematurely before the date for proving title without first raising a requisition or giving the vendors an opportunity to remedy or respond; consequently the repudiation was wrongful, the originating summons was dismissed and defendants entitled to damages to be assessed and costs.

    • Repudiation and rescission
    • Title defects and requisitions
    • Unauthorized building works
    • Timing of vendor's obligation to show title
    • Damages and forfeiture of deposits