Hong Kong Case Law: Decisions & Judgments

Topic

Requisitions to title

Legal area

Court

25 Oct 2013

SUN CHAMP INVESTMENT LTD v. GREEN LEAVES TRADE INVESTMENT LTD

Citation

SUN CHAMP INVESTMENT LTD v. GREEN LEAVES TRADE INVESTMENT LTD
Court

District Court
Case number

DCMP706/2013

The defendant failed to answer several material requisitions (stamp duty undertaking for a deed of gift, compliance with a Building Authority s26 order, and supply of the survey plan) and thus failed to prove or give good title; those failures constituted an anticipatory/repudiatory breach before midnight on the completion date so the purchaser validly rescinded at 17:12 on 1 March 2013; the mid-night rule did not rescue the vendor because there was no realistic prospect of the vendor curing the defects by midnight; the clause for liquidated damages (equivalent to deposit) is a penalty and no…
13 Dec 2011

CHUN TAT PAPER CO LTD v. WONG IP CHENG AND ANOTHER

Citation

CHUN TAT PAPER CO LTD v. WONG IP CHENG AND ANOTHER
Court

District Court
Case number

DCCJ201/2011

On the facts the equitable charge evidenced by the 1991 Deed was either de facto discharged prior to subsequent legal charges or rendered unenforceable by the Limitation Ordinance; the requisition was therefore unmeritorious and the defendants' answers were satisfactory, so the defendants proved good title and the plaintiff's claim is dismissed.
8 Sept 2009

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER

Citation

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1107/2009

Because the restraining orders were obtained ex parte and therefore recorded provisional allegations rather than findings of fact, and because the Re-Amended Consent Order revoked the restraining orders and recorded the ICAC's and Hon's estate's relinquishment of claims, the court held that the allegations of beneficial ownership in the restraining orders no longer operated to prevent the registered owners (or their estates) dealing with the properties; accordingly the estates adequately answered Talent's requisitions.
13 May 1999

LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER

Citation

LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER
Court

Court of Appeal
Case number

CACV96/1999

The Court dismissed the appeal, holding the judge properly exercised her discretion in refusing summary judgment because the allegation of a collateral agreement and related factual disputes were genuine and required trial; the appellant failed to show the judge was plainly wrong.
5 Jun 1997

DAWSON PROPERTIES LTD v. HONG KONG NIIROKU LTD

Citation

DAWSON PROPERTIES LTD v. HONG KONG NIIROKU LTD
Court

Court of First Instance
Case number

HCMP3232/1996

Compliance with s.13(1) of the Conveyancing and Property Ordinance, including production of the Crown Lease and the intermediate root, discharges the vendor's contractual obligation to show good title in this context; purchaser's late requisition was out of time and sending the draft assignment implied acceptance of title, therefore the vendor had shown good title on the preliminary issue.
27 Nov 1996

ULTRA ETERNAL LTD. v. LIU TAI CHEONG

Citation

ULTRA ETERNAL LTD. v. LIU TAI CHEONG
Court

Court of First Instance
Case number

HCMP1188/1996

The First Requisition was validly raised and not satisfactorily answered because the will expressly vested the Building as specific gifts to beneficiaries and contained restrictions on disposition such that the executor lacked an unqualified power to sell absent beneficiaries' consent; the presumption that an executor acted in the discharge of duties was rebutted by the will and probate documents, so Defendant failed to show good title and Plaintiff was entitled to refund of the deposit with interest and costs. The Second Requisition was out of time but the Defendant's conduct in replying cou…
11 Nov 1996

WORLDFULL INVESTMENTS LIMITED v. YOUNG KING ASIA LIMITED

Citation

WORLDFULL INVESTMENTS LIMITED v. YOUNG KING ASIA LIMITED
Court

Court of First Instance
Case number

HCMP1826/1996

The plaintiff, by answering the requisition on 26 March without reserving any objection to lateness, waived its right to object to the late requisition; the Buildings Department's reply undermined the plaintiff's assertion of lawful user and left the requisition unanswered; therefore the plaintiff failed to show good title and the originating summons must be dismissed.

Hong Kong Case Law

SUN CHAMP INVESTMENT LTD v. GREEN LEAVES TRADE INVESTMENT LTD

CHUN TAT PAPER CO LTD v. WONG IP CHENG AND ANOTHER

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER

LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER

DAWSON PROPERTIES LTD v. HONG KONG NIIROKU LTD

ULTRA ETERNAL LTD. v. LIU TAI CHEONG

WORLDFULL INVESTMENTS LIMITED v. YOUNG KING ASIA LIMITED