20 Oct 2010
DE MONSA INVESTMENTS LTD v. WHOLE WIN MANAGEMENT FUND LTD
- Citation
- DE MONSA INVESTMENTS LTD v. WHOLE WIN MANAGEMENT FUND LTD
- Court
- Court of First Instance
- Case number
- HCMP2603/2008
The vendor proved good title: s.13 CPO together with common law secondary evidence rules permit production of attested/certified copies (including certified copies of attested/certified copies) where originals are unavailable; the 1979 Pump Pit Agreement was superseded by 1988 agreements and in any event pre-intermediate root documents were not necessary for proof of title; defects in a draft statutory declaration did not undermine title in this case; accordingly the purchaser was not entitled to rescind and recover the deposit and the plaintiff's claim is dismissed.