20 May 2013
HO CHING GROUP LTD v. TSANG PUI LIN, TSANG WAI MAN AND TSANG PUI LIN, CARLA
- Citation
- HO CHING GROUP LTD v. TSANG PUI LIN, TSANG WAI MAN AND TSANG PUI LIN, CARLA<br>
- Court
- Court of First Instance
- Case number
- HCMP1496/2012
The court held the right of way via the internal staircase did not constitute an encumbrance on title because the staircase had been removed long before, the external staircase had been used without complaint for many years, and any litigation risk was fanciful; defendants had shown good title; clause 6 in any event precluded the purchaser's requisitions; therefore the plaintiff's claims were dismissed and the defendants were entitled to forfeit the deposits and recover documented wasted conveyancing costs of HK$31,767.00 plus interest and costs of the action.