Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory interpretation of s.13 cap.219
  • 10 Jan 1994

    LAM LEE v. LUI YEM BUN

    Citation
    LAM LEE v. LUI YEM BUN
    Court
    Court of First Instance
    Case number
    HCMP3799/1993

    The court held that s.13(1)(a)(ii) could not be interpreted so as to treat assignments of different lots as assignments of the whole estate and interest for the purpose of excluding earlier defects; the defendant failed to show the requisitions regarding nomination memorials were sufficiently answered; even if the 1977 assignments were treated as a root of title, the purchaser was entitled to establish aliunde that earlier title was bad. Therefore the plaintiff was entitled to the declarations, repayment of the deposit and a lien as sought.