Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory requisitions

  • 19 Aug 2016

    CHU YIN FAN v. INTER RIVERS LTD

    Citation
    CHU YIN FAN v. INTER RIVERS LTD
    Court
    District Court
    Case number
    DCCJ4314/2012

    On the affidavit material the court concluded that it was arguable there was no real risk that the missing original Assignment would give rise to a successful prior encumbrance; under De Monsa missing documents alone do not entitle a purchaser to refuse completion absent real risk; the defendant raised triable factual issues (including best endeavours to obtain finance and causation of bank refusal) and therefore had an arguable defence — summary judgment was inappropriate and defendant was given unconditional leave to defend.

  • 1 Dec 2011

    LAU KAM SHING AND OTHERS v. CHEUNG CHUEN HON

    Citation
    LAU KAM SHING AND OTHERS v. CHEUNG CHUEN HON
    Court
    Court of First Instance
    Case number
    HCMP504/2011

    The court held that under s.13 of the Conveyancing and Property Ordinance the Plaintiffs were required only to produce title documents extending back 15 years from the date of the agreement; the Deed of Gift dated 15 October 1992 satisfied that requirement, the alleged defects were at most hypothetical given long lapse of time and absence of competing claim, and therefore the Plaintiffs established good title and sufficiently answered requisitions 1 and 2.