10 Sept 2012
CHAN HEI LEUNG THOMSON AND ANOTHER v. KUO YU-CHIEN
- Citation
- CHAN HEI LEUNG THOMSON AND ANOTHER v. KUO YU-CHIEN
- Court
- District Court
- Case number
- DCMP1271/2012
On the facts the defendant satisfactorily answered requisitions: the same solicitors and clerk acted in both transactions providing direct evidence of identity so no statutory declaration was required; differing signatures did not rebut presumption of due execution under s23 CPO; the five documents were pre-intermediate root under s13(1)(a)(ii) CPO and vendor had no obligation to produce or identify the intermediate root; plaintiffs repudiated the agreement and defendant lawfully accepted repudiation and forfeited the HK$338,000 deposit.