17 Feb 2015
ZHANG XUESHUAI v. LAI CHAN WING
- Citation
- ZHANG XUESHUAI v. LAI CHAN WING
- Court
- Court of Appeal
- Case number
- CACV81/2014
On the facts the appellant's statutory declaration and the other conveyancing evidence were insufficient to remove a real risk that the deceased had deposited title documents as security (creating an equitable mortgage) given the circumstances (all originals missing, aborted sale agreements, charging orders). The requisition on title was properly made and not satisfactorily answered; the purchaser was therefore entitled to rescind and recover deposits. The appeal was dismissed with costs, affirming the judge below.