Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misdescription of property

Legal area

Court

31 Mar 2000

PARK KIT INVESTMENT LTD. v. TSANG KWOK FUN t/a DICKIE TSANG & CO., SOLICITORS (a firm)

Citation

PARK KIT INVESTMENT LTD. v. TSANG KWOK FUN t/a DICKIE TSANG & CO., SOLICITORS (a firm)
Court

Court of First Instance
Case number

HCA4757/1998

On the balance of probabilities the plaintiff instructed purchase of the two specified lots 2064E and 2064F and the defendant's staff complied with those instructions and advised a surveyor which the client rejected; therefore no breach of contract or negligence by the defendant and the claim fails; descriptions by lot limit title to those lots.
16 Mar 1989

CHIAP HUA FLASHLIGHTS LTD. v. MARKFAITH INVESTMENT LTD.

Citation

CHIAP HUA FLASHLIGHTS LTD. v. MARKFAITH INVESTMENT LTD.
Court

Court of Appeal
Case number

CACV112/1988

The Land Registration Ordinance requires registration of instruments affecting land; unregistered tenant options to renew lost priority against the defendant who registered the agreement on 18 April 1988, so after that date the options could not impede the defendant's title. The defendant, having refused unconditional completion on the due date and having otherwise conducted itself as affirming the contract (waiver), was in breach; summary judgment for the plaintiff, rescission and forfeiture of the HK$10,000,000 deposit were properly granted.