18 Dec 2009
LI YUEN LING AND ANOTHER v. TANG KWONG WAI THOMAS AND ANOTHER
- Citation
- LI YUEN LING AND ANOTHER v. TANG KWONG WAI THOMAS AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP673/2009
The powers of attorney were invalid because they did not comply with the mandatory formal requirement of sealing under Power of Attorney Ordinance s2(1); therefore the instruments did not appear on their face to be duly executed so s23 CPO presumption did not arise; defendants failed to prove authority to bind the Bank and hence failed to show good title, entitling plaintiffs to rescind and recovery of deposits with interest.