Hong Kong Case Law: Decisions & Judgments

Topic

Title proof

Legal area

Court

9 Aug 2024

WONG KOON CHUNG v. TSUEN WAN TUNG PO TOR MONASTERY LTD

Citation

[2024] HKDC 1284
Court

District Court
Case number

DCMP3578/2023

The court held that the name discrepancy did not raise a reasonable doubt as to the defendant's identity as owner because the Assignment recitals, the sequence of incorporation by the members, and the Trustee's conduct (including executing the Assignment and acting as director) supported the inference that the unincorporated body and the company are the same entity; therefore the s13(4) presumption and the recorded recitals were sufficient to prove title and no further conveyancing proof was required.
10 Oct 2005

C & W WATCH CO LTD v. CHU KWOK TAI

Citation

C & W WATCH CO LTD v. CHU KWOK TAI
Court

Court of First Instance
Case number

HCMP920/2005

Agreement cl.6(a) manifested a contrary intention to CPO s.13 by requiring title to be proved commencing with the Government Lease; therefore the purchaser was entitled to request the eight original documents, the vendor's failure to produce them or provide a statutory declaration was a breach permitting the purchaser to treat the contract as rescinded, and the purchaser is entitled to return of the $107,000 deposit while the vendor's counterclaim for damages is dismissed (claimed damages were less than the deposit).
8 Mar 1999

LEE LAI SHEUNG KARITA AND ANOTHER v. WEI FEI TRADING CO. LTD.

Citation

LEE LAI SHEUNG KARITA AND ANOTHER v. WEI FEI TRADING CO. LTD.
Court

Court of First Instance
Case number

HCMP1315/1998

The vendor failed to produce the Government Lease as required by s.13 CPO; an Application for Grant or file extract is not the Government Lease and is insufficient to prove title; therefore the purchasers were entitled to object to the title and the court granted the orders sought in the Originating Summons including return of deposits with interest and costs (order as stated).
27 Nov 1998

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA

Citation

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA
Court

Court of First Instance
Case number

HCMP555/1998

Where a building exceeds the statutory dimensions, title cannot be established without an Occupation Permit or a Certificate of Exemption; letters or certificates from the District Lands Office (Certificate of Compliance/Letter of Toleration) do not amount to a representation by the Building Authority that statutory requirements have been waived, and therefore the Defendant failed to show good title.
24 Nov 1994

WIDE HOLLY INDUSTRIAL LTD. AND ANOTHER v. SUPER CROWN DEVELOPMENT LTD.

Citation

WIDE HOLLY INDUSTRIAL LTD. AND ANOTHER v. SUPER CROWN DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCMP2740/1994

Minor differences between signatures on the 1983 and 1989 instruments were explicable by time and speed; passport numbers can change and passports were produced at the relevant signings; on the evidence the vendors discharged their obligation to prove title and no further statutory declarations or 'proper conveyancing proof' were required, so a declaration of good title was warranted.
7 Jun 1994

G.B. INDUSTRIES LTD. v. YU CHUNG KWOK AND ANOTHER

Citation

G.B. INDUSTRIES LTD. v. YU CHUNG KWOK AND ANOTHER
Court

Court of First Instance
Case number

HCMP1060/1994

The court held that the statutory declarations by the donor's son (who executed the assignment as attorney) and the solicitor attesting the power of attorney together constituted sufficient proper conveyancing evidence to identify the vendor as the same person named in the earlier deed and to remove the doubt; accordingly the outstanding requisition was answered and good title was declared; declarations by interested parties are admissible and their weight depends on circumstances.

Hong Kong Case Law

WONG KOON CHUNG v. TSUEN WAN TUNG PO TOR MONASTERY LTD

C & W WATCH CO LTD v. CHU KWOK TAI

LEE LAI SHEUNG KARITA AND ANOTHER v. WEI FEI TRADING CO. LTD.

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA

WIDE HOLLY INDUSTRIAL LTD. AND ANOTHER v. SUPER CROWN DEVELOPMENT LTD.

G.B. INDUSTRIES LTD. v. YU CHUNG KWOK AND ANOTHER