12 Feb 2015
PC FORTUNE COMPANY LTD AND ANOTHER v. MASTERMIND ASSET MANAGEMENT LTD
- Citation
- PC FORTUNE COMPANY LTD AND ANOTHER v. MASTERMIND ASSET MANAGEMENT LTD
- Court
- Court of Appeal
- Case number
- CACV89/2014
The Tenancy Agreement was not registered and the defendant was a subsequent bona fide purchaser for valuable consideration; therefore under s 3(2) Land Registration Ordinance the unregistered tenancy (and any unregistered option) was null and void against the defendant. The proviso to s 3(2) did not protect any option or a 6-year tenancy. Consequently the tenant could not rely on the Tenancy Agreement to resist the defendant's recovery of possession; the appeal is allowed, the trial judge's awards in paragraphs (b) and (d) are set aside, and only mesne profit for the 36-day period prior to re…