Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rectification of deeds

  • 18 Mar 2013

    RE LEE MEI YAN KRIS

    Citation
    RE LEE MEI YAN KRIS
    Court
    Court of First Instance
    Case number
    HCMP356/2013

    The court found on the chronology and documents that the parties to the Sub‑DMC had a common continuing intention to allocate 1/3rd of the 1/14th undivided share to each of Flats A1, A2 and A3; the description of 11/20th in the Subject Assignment resulted from a common mistake and recorded a greater share than the assignor was entitled to, and because the assignor cannot be located and no prejudice will result, the court ordered rectification of the Subject Assignment and granted a declaration that the applicant's interest is 1/3rd of and in 1/14th part of the Lot.

  • 27 Jun 2001

    LAM SUK FAN v. CHOY YING KEUNG KENNY

    Citation
    LAM SUK FAN v. CHOY YING KEUNG KENNY
    Court
    District Court
    Case number
    DCMP3678/2000

    Judge held that the vendor rebutted the presumption that the deeds were effective on the stated date by cogent contemporaneous evidence and the proposed statutory declaration; the deeds took effect on 15 July 1997; there was no breach of s.17B Housing Ordinance; therefore the purchaser was not entitled to refuse completion and the purchaser's summons is dismissed.