Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation (breach of trust)
  • 20 Feb 2002

    WONG WAI SHING v. SAE YAB VICHIEN

    Citation
    WONG WAI SHING v. SAE YAB VICHIEN
    Court
    Court of First Instance
    Case number
    HCMP7733/1999

    The court found the defendant failed to account for the missing link between the succession memorial and the subsequent sale memorial; the District Officer's signature does not validate the transaction; a vendor cannot rely on a document being pre-intermediate to avoid answering a requisition challenging root title; however certified memorials sufficed as cogent secondary evidence to prove due execution of the missing mortgage and redemption. Accordingly the defendant failed to show or prove good title to the property and the plaintiff may pursue damages.