Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Escrow assignment
  • 27 Feb 2009

    FUNG YAU YEE v. C.K. TSE & KAN (a firm)

    Citation
    FUNG YAU YEE v. C.K. TSE & KAN (a firm)
    Court
    Court of First Instance
    Case number
    HCA1105/2007

    No evidence supported the defendant's assertion that the 10 June 1994 assignment was executed in escrow to take effect only upon payment of premium; the 1994 agreement lacked the required Schedule condition and the assignment predated payment and was registered late, indicating professional failings. The defendant solicitor was negligent in failing to detect and advise on the void title. Plaintiff's claim was not time‑barred under the circumstances and title was subsequently cured by adverse possession as of 10 June 2006; damages are assessed for the actual loss from the date plaintiff learne…