Hong Kong Case Law: Decisions & Judgments

Topic

Confirmatory assignment

Legal area

Court

19 Feb 2025

SO SUI FAN EVA v. CHIU YIU TUNG AND ANOTHER

Citation

[2025] HKCFI 777
Court

Court of First Instance
Case number

HCMP1307/2024

The 1999 Assignment substantially departed from the prescribed form under the Housing Ordinance and, given the parties' intention to comply and reasonable attempts to locate the respondents, the court may order rectification; pursuant to section 25A High Court Ordinance the court may authorize the applicant's solicitor to execute the confirmatory assignment on behalf of the respondents if they fail to execute within 14 days, subject to Housing Authority consent; substituted service by advertisement was sufficient here.
3 Mar 2023

CHONG CHI TING CHRIS v. THE INCORPORATED OWNERS OF KIN ON BUILDING AND OTHERS

Citation

[2023] HKDC 325
Court

District Court
Case number

DCMP3617/2021

The Deed of Mutual Covenants designated the main roof as common part and the First Assignment was executed subject to the DMC; accordingly the Developer's purported reservation of an exclusive right over the Part Main Roof was inconsistent with the DMC and ineffective; all subsequent purported assignments of that exclusive right are null and void for lack of title; the Plaintiff is entitled to declarations, enforceable covenants for title against predecessors, an order for confirmatory assignments to rectify title, nomination of specified persons to execute such documents if necessary, and re…
18 Dec 2020

KWONG MUK HING, one of the executors named in the Will of LUK HEUNG deceased v. CHENG PUI NIN WILLIAM AND ANOTHER

Citation

[2020] HKCFI 3113
Court

Court of First Instance
Case number

HCMP202/2018

The court is functus once final judgment has been entered and will not give retrospective effect to the validity of an originating summons; Order 2, r 1 cannot be used to cure expiry of an originating summons after final judgment in the absence of proper grounds, and material non‑disclosure and abuse of process by the applicant's solicitors justified refusal to exercise discretion to extend the originating summons.
3 Jul 2019

KWONG MUK HING, one of the executors named in the Will of LUK HEUNG deceased v. CHENG PUI NIN WILLIAM AND ANOTHER

Citation

[2019] HKCFI 1726
Court

Court of First Instance
Case number

HCMP202/2018

The Court declared that the 2008 assignment contained substantial discrepancies from the authorised terms required by the Housing Ordinance and, subject to the Housing Authority's consent to rectification, ordered the respondents to execute a confirmatory assignment in favour of the executors. Further, pursuant to s25A High Court Ordinance, if the respondents fail to execute or cannot be found after reasonable inquiry, the Registrar of the High Court is appointed to execute the confirmatory assignment on their behalf; the draft must be lodged for the Registrar's approval. Costs of execution a…
15 May 2018

LAU YUN LIN v. REGISTRAR OF COMPANIES

Citation

[2018] HKCFI 1073
Court

Court of First Instance
Case number

HCMP1111/2017

The court was satisfied on the evidence that the plan annexed to the 28 August 2012 assignment contained an error as to the area conveyed; no other interested parties were shown; accordingly s25A of the High Court Ordinance entitled the court to order a nominated person (the Registrar of the High Court) to execute a confirmatory assignment to rectify the error, and the orders sought were made including costs of HK$1,500.
22 Mar 2017

LAU YUN LIN v. KWAN TSEUNG CO LTD

Citation

LAU YUN LIN v. KWAN TSEUNG CO LTD
Court

Court of First Instance
Case number

HCMP29/2017

The originating summons was dismissed because the defendant company had been dissolved and therefore was a non-existent legal person against whom no order could be made under s25A HCO; consequently s25A could not be invoked to nominate a person to execute the confirmatory assignment and the proper defendant would be the Government/Registrar or the company must be restored under the Companies Ordinance if relief is sought.
18 Jan 2017

SMART TRIKE MNF. PTE. LTD AND ANOTHER v. FUNG KWOK HOI AND ANOTHER

Citation

SMART TRIKE MNF. PTE. LTD AND ANOTHER v. FUNG KWOK HOI AND ANOTHER
Court

Court of First Instance
Case number

HCA1989/2014

The 2nd Plaintiff was not entitled to judgment because the Plaintiffs had consistently asserted and the Defendants had accepted that the 1st Plaintiff was and was at all material times the owner of the relevant intellectual property; the Confirmatory Assignment was interpretated as confirmation of an earlier assignment rather than creating fresh locus after the writ. However, because joinder of the 2nd Plaintiff was reasonable to avoid technical challenges and the additional costs were minimal, the appropriate costs order between the 2nd Plaintiff and the Defendants is no order as to costs.
2 Sept 2016

SPEEDY WAY LTD v. CHAN YING YING CRYSTAL

Citation

SPEEDY WAY LTD v. CHAN YING YING CRYSTAL
Court

Court of First Instance
Case number

HCMP550/2016

On the facts the Deed and Assent, read together, manifested the beneficiaries' intention to vest the Property in the Mother and Chan; the unexplained deletion of signature clauses was a formal defect not a substantive breach of trust and did not put the purchaser on sufficient notice to defeat the title; accordingly Chan showed good title and the sale should be completed.
28 Jan 2016

LAM KIU SHING alias LAM KIU, deceased v. YAU FUK, deceased

Citation

LAM KIU SHING alias LAM KIU, deceased v. YAU FUK, deceased
Court

Court of First Instance
Case number

HCMP1933/2015

The court held that the 23 December 1944 assignment, though not registered in a Japanese House Registration Office, qualified under section 10 as a Japanese assignment; the petitioner had made all reasonable inquiries and was unable to ascertain persons who ought to be joined under section 6(2); accordingly a confirmatory assignment was warranted under section 4 and, pursuant to section 6(3), the Registrar of the High Court was ordered to execute the confirmatory assignment in place of the unascertained defendants.
21 Jul 2015

CHU PO CHUEN v. KWONG YIP CO LTD AND ANOTHER

Citation

CHU PO CHUEN v. KWONG YIP CO LTD AND ANOTHER
Court

District Court
Case number

DCMP1062/2015

The court declared that there was an error in the 1971 plan and, applying section 39 CPO and section 38A DCO together with authority in Goldsteady and Li Kwan Chuen, held that the plaintiff as successor in title enjoys the benefit of the covenants and that because D1 was dissolved and D2 could not be found after reasonable inquiry the Registrar of the District Court should be nominated to execute the confirmatory assignment to rectify the error.