Hong Kong Case Law: Decisions & Judgments

Topic

Vendor requisitions

Legal area

Court

23 Mar 2020

CHAN CARRIE v. RICHWAY INTERNATIONAL INVESTMENT LTD

Citation

[2020] HKCFI 506
Court

Court of First Instance
Case number

HCMP1029/2019

Applying Court of Final Appeal authority (notably Jumbo Gold) and appellate guidance on the meaning of good title, the court found that the Occupation Permit and long‑standing, conspicuous non‑domestic use (with Government knowledge) removed any real risk of government enforcement; therefore the requisition was satisfactorily answered and the Vendors can give good title.
16 Dec 2008

SUN LAI FONG KELLER v. LEUNG WING KIT AND ANOTHER

Citation

SUN LAI FONG KELLER v. LEUNG WING KIT AND ANOTHER
Court

Court of First Instance
Case number

HCMP1066/2007

Because no occupation permit or equivalent document was produced and there was no evidence that the Building Authority had condoned the contravention or that enforcement was beyond reasonable doubt, the Vendors failed to show good title and the deposit must be returned.
23 Sept 1997

NGAI KIN LIT v. TO CHAI FOOK

Citation

NGAI KIN LIT v. TO CHAI FOOK
Court

Court of First Instance
Case number

HCMP2178/1997

A Division of Property memorial signed by some but not all original parties is valid as admissible secondary evidence of the lost underlying instrument; absence of one signature did not invalidate Memorial No.73183 or render the Vendor's title defective, and on the evidence the Plaintiff established good title in accordance with the Sale and Purchase Agreement.
29 Jul 1996

EVEN GROWTH INVESTMENT LTD. v. SHING YIP INVESTMENT CO. LTD. and Others

Citation

EVEN GROWTH INVESTMENT LTD. v. SHING YIP INVESTMENT CO. LTD. and Others
Court

Court of First Instance
Case number

HCMP2369/1996

The vendor failed to show good title because the Occupation Permit was ambiguous as to whether cocklofts could lawfully be used as a commercial restaurant, the purchaser's requisition was a proper query about a real risk to title, and the vendor's mere assertion (that 'store' meant 'shop') was insufficient — the vendor should have obtained authoritative clarification from the Building Authority.

Hong Kong Case Law

CHAN CARRIE v. RICHWAY INTERNATIONAL INVESTMENT LTD

SUN LAI FONG KELLER v. LEUNG WING KIT AND ANOTHER

NGAI KIN LIT v. TO CHAI FOOK

EVEN GROWTH INVESTMENT LTD. v. SHING YIP INVESTMENT CO. LTD. and Others