25 Jun 2009
AU WAI MING AND ANOTHER v. KAM TZE MING ALFRED AND ANOTHER
- Citation
- AU WAI MING AND ANOTHER v. KAM TZE MING ALFRED AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV278/2008
The Court held the Deed of Release was invalid in respect of the attorney execution because AIG clearly intended two separate executions (once as attorney for HKMC and once as servicer) and the company common seal was affixed only to the servicer execution; accordingly the attorney execution lacked the required seal under s.20 CPO and the mortgagee's legal estate was not effectively released. The defect was a title defect entitling the Purchasers to refuse to complete; appeal allowed and liability entered for the Purchasers (quantum remitted).