19 Apr 2017
CHU YIN FAN v. INTER RIVERS LTD
- Citation
- CHU YIN FAN v. INTER RIVERS LTD
- Court
- District Court
- Case number
- DCCJ4314/2012
The application for leave to appeal out of time was dismissed because, although the short delay was excusable, the proposed appeal lacked a reasonable prospect of success: the court correctly applied De Monsa to conclude there was no real risk that the missing original Assignment would give rise to a prior encumbrance on title, the defendant's answers to requisitions were adequate (so statutory declarations or further conveyancing evidence were unnecessary), the alleged implied best‑endeavours term was arguable but factual disputes (including whether the purchaser used best endeavours by appl…