2 Sept 2015
The Deed of Gift was rectified because the completed instrument, read with its recitals and clauses, demonstrated a clear and manifested intention to create a joint tenancy between the Donor and the Donee; the omission and superfluous wording were clerical mistakes repugnant to that intention and warranted equitable rectification, which takes effect from the date of execution.
18 Oct 2006
The counterclaim is a separate action required by rules to be added to the defence for administrative convenience only; because it was filed for the first time it does not 'relate back' to the date of the defence, so the Registrar validly exercised his discretion to grant leave to add the counterclaim.
18 Jun 1981
Appeal allowed. A single one of two administrators does not have power to bind the estate by a contract to convey immovable property so as to permit completion by conveyance without the concurrence of the co-administrator or a court order under s.54; a contract entered into before a grant by a person who had no title as administrator did not bind the estate on subsequent grant unless the doctrine of relation back operated (which requires the pre-grant act to have been done in a representative capacity and for the benefit of the estate); here the pre-grant contract was not validated by the lat…
29 Aug 1980
The court held that an agreement for sale entered into by one of two administrators, which was bona fide, for the benefit of the estate and ratified after grant, binds the estate and the co-administrator under s.54(3) of the Probate and Administration Ordinance; implementation of the binding agreement requires a conveyance to be executed by all personal representatives pursuant to s.54(1), and the court may order the co-administrator to join in execution to complete the sale.