Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Time limits for title requisitions
  • 30 Jun 1999

    CHIU KIN ON v. HENMY INTERNATIONAL LTD.

    Citation
    CHIU KIN ON v. HENMY INTERNATIONAL LTD.
    Court
    Court of First Instance
    Case number
    HCMP4956/1998

    The contractual seven‑day period to raise requisitions applied; under the binding authority in Hillier a purchaser may only avoid the time limit if the defect could not have been discovered with due diligence before expiry. Here the purchaser knew or could with reasonable diligence have discovered the defects (including the apparent illegal flower cage and matters apparent from supplied title deeds); the requisitions were raised outside the contractual period and are therefore waived; consequently the purchaser is treated as having accepted title and the vendor is entitled to the remedies cla…