13 May 2013
ASIA WAY INTERNATIONAL INVESTMENTS LTD v. HUNG KIN PING AND ANOTHER
- Citation
- ASIA WAY INTERNATIONAL INVESTMENTS LTD v. HUNG KIN PING AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3911/2011
The vendors failed to show and prove a good title because the Architect's Certificate did not address drainage works and other consequential works arising from the 1987 partitioning and expressly relied only on section 41(3) (non-structural works) which does not cover drainage; therefore a reasonable doubt persisted as to works affecting structure or requiring approval and potential enforcement or continuing breaches of the DMC, and the vendors' responses were insufficient to dispel that doubt. The Cancellation Agreement requisition was however sufficiently answered.