Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Risk of enforcement by building authority

Legal area

Court

16 Sept 2009

LUCKY DRAGON CORPORATION LTD v. SPEEDY VANTAGE LTD

Citation

LUCKY DRAGON CORPORATION LTD v. SPEEDY VANTAGE LTD
Court

Court of Appeal
Case number

CACV79/2009

The appeal was dismissed because the vendor failed to prove good title: the unauthorised slabbing over of the void and extension of the cockloft floor went to the root of title and the vendor could not exclude a real risk of enforcement by the Building Authority; the defect was not discoverable by reasonable due diligence from the documents provided, entitling the purchaser to rescind and recover the deposit.
7 Jan 1998

PEP ENTERPRISES LTD. v. AU KIN HUNG and Another

Citation

PEP ENTERPRISES LTD. v. AU KIN HUNG and Another
Court

Court of First Instance
Case number

HCMP2764/1997

Where a vendor produces contemporaneous evidence showing that the DMC and assignments fixed the unit configuration and where the discrepancy between an Occupation Permit and the DMC has subsisted for a very long period such that there is no real risk of Building Authority enforcement, the vendor has made good title and the purchaser may be ordered to complete; requisitions of the kind raised are otiose in such circumstances, following Active Keen.