Hong Kong Case Law: Decisions & Judgments

Topic

Deed of release

Legal area

Court

13 Nov 2009

CHAN SHUN v. NG YIU LEUNG DANNY

Citation

CHAN SHUN v. NG YIU LEUNG DANNY
Court

Court of Appeal
Case number

CACV365/2008

The court held the Deed of Release did not validly release the mortgage affecting the property because the party executing the release was not shown to be the transferee of Mortgage ST965777 and the erroneous memorial reference was a material title defect that could not be cured by handwritten alterations; proper rectification required execution of a new deed, and the vendor had not shown good title, entitling the purchaser to relief including return of the deposit and assessment of damages.
19 Oct 2006

CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER

Citation

CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER
Court

Court of First Instance
Case number

HCMP1468/2006

The court accepted the viva voce evidence and statutory declarations of the vendor's solicitor as clear and cogent, found that a duly executed power(s) of attorney had existed which authorised the execution of the Deed of Release and that those power(s) had been lost; supporting correspondence and minutes corroborated the account and removed real risk of challenge by the mortgagee, so the requisitions were sufficiently answered.
10 Mar 2005

YU YI MUN v. PUI CHIU WING AND ANOTHER

Citation

YU YI MUN v. PUI CHIU WING AND ANOTHER
Court

Court of First Instance
Case number

HCCW494/2004

Because all creditors' claims and liquidation expenses had been either paid or compromised, the provisional liquidators did not oppose the application, there were no irregularities requiring investigation, and binding undertakings and payments were given, the court exercised its discretion under s.209(1) to permanently stay further winding-up proceedings subject to specified conditions.
22 Oct 1999

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS

Citation

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCPI1245/1998

Where the validity of a Deed of Release is in issue and the insurer is a party to that Deed, the insurer must be joined because its presence is necessary for the Court to effectually and completely determine all matters in dispute; moreover, the statutory right to claim against the insurer was not time-barred under the Court of Appeal's interpretation of ss.43 and 44 of the Employees Compensation Ordinance, so leave to join the insurer was granted.
3 Sept 1999

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS

Citation

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCPI1245/1998

Although the Insurer was not formally a party, its conduct in taking over the defence and its direct involvement with the Deed meant it was a party in substance; the Registrar did not err in awarding costs against the Insurer. The appeal is allowed in part: interlocutory costs awarded to the Plaintiff are to be taxable in any event (not forthwith); costs of complying with the discovery order are payable by the Insurer, taxable if not agreed; costs of the appeal are in the cause.
7 Jan 1999

TRUMP WELL INTERNATIONAL LTD. v. SIU FUNG KNITTING FACTORY CO. LTD.

Citation

TRUMP WELL INTERNATIONAL LTD. v. SIU FUNG KNITTING FACTORY CO. LTD.
Court

Court of First Instance
Case number

HCMP2408/1998

The vendor had not proved title by the 5:00 p.m. deadline because the deed of release did not expressly discharge the second mortgage, the purported rectification arrived after the deadline and lacked evidence of authority to confirm discharge; discharge of the first mortgage does not, on the facts, operate to discharge the second mortgage automatically, therefore the purchaser's requisition was not satisfactorily answered and the purchaser is entitled to the relief granted.

Hong Kong Case Law

CHAN SHUN v. NG YIU LEUNG DANNY

CHAN CHI WAI AND ANOTHER v. NG SAU MEI MAY AND ANOTHER

YU YI MUN v. PUI CHIU WING AND ANOTHER

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS

THIAN SUI CHING v. AU YEUNG KWAI CHUEN AND OTHERS

TRUMP WELL INTERNATIONAL LTD. v. SIU FUNG KNITTING FACTORY CO. LTD.