Hong Kong Case Law: Decisions & Judgments

Topic

Title

Legal area

Court

27 Aug 2019

PRICE CLUB LTD v. BIZSMART CONSULTANTS LTD

Citation

[2019] HKCFI 2137
Court

Court of First Instance
Case number

HCMP556/2019

The court held that, on the evidence (the DMC recitals, the First Schedule, the Control Card and the IO's certification) the four pent houses on the main roof are to be treated as factory spaces for the purposes of the DMC; the Vendor had thus answered the Requisition satisfactorily and demonstrated a good title such that specific performance of the SPA should be ordered.
14 Aug 2019

鄧秀蓮對 YOUNGFIELD LTD 及另十九人

Citation

[2019] HKCA 903
Court

Court of Appeal
Case number

CACV329/2018

The Court of Appeal upheld the trial judge: the claimant established adverse possession of the enclosed locked metal storage units (including two suspended lockers) by continuous, exclusive use and objective acts (enclosure, locks, exclusive keys) over a sufficient period demonstrating intention to possess; a clearly identified three‑dimensional enclosed space can be the subject of adverse possession; the appellant’s factual and legal challenges failed; the only change was adjustment of the costs allocation in favour of the claimant.
13 Dec 2018

WONG CHUNG KEUNG AND ANOTHER v. CHEUNG YIK TUNG

Citation

[2018] HKCFI 2722
Court

Court of First Instance
Case number

HCMP799/2018

Because the registered orders had been registered more than five years before the sale agreement and were not re-registered, section 17 of the Land Registration Ordinance meant they ceased to have effect as against the subsequent sale; accordingly they did not render the plaintiffs' title defective and the plaintiffs' reliance on s 17 constituted an adequate answer to the requisition on title, so good title was shown.
16 May 2013

HO PAK WING v. The estate of CHU PAO LIANG (諸葆良) (alias PAO LIANG CHU), deceased

Citation

HO PAK WING v. The estate of CHU PAO LIANG (諸葆良) (alias PAO LIANG CHU), deceased
Court

District Court
Case number

DCCJ4498/2009

The court found on the facts that Ho had been in adverse possession of Lot 66F since about 1966/67, for a period exceeding 12 years before 16 October 2009, and therefore the plaintiff, as his executrix, was entitled to the lawful interest in Lot 66F and the relief sought in paragraphs 1 and 2 of the inter parte summons was granted.
6 Feb 2013

CHOW SAI PING AND ANOTHER v. CHAN YAM KING

Citation

CHOW SAI PING AND ANOTHER v. CHAN YAM KING
Court

Court of Appeal
Case number

CACV42/2012

The Court held that the DMC and the antecedent floor plan annexed to the Agreement established that the disputed area was a common part of the Building and not part of the 1st Plaintiff's exclusive premises; the Developer could not convey the disputed area by a later assignment where he had not reserved it, and therefore the Judge's decision to prefer the plan annexed to the Assignment was incorrect; appeal allowed and original orders set aside.
12 Dec 2012

CHUN TAT PAPER CO LTD v. WONG IP CHENG AND ANOTHER

Citation

CHUN TAT PAPER CO LTD v. WONG IP CHENG AND ANOTHER
Court

Court of Appeal
Case number

CACV31/2012

On the objective facts (transaction history, registered legal charges and releases and commercial improbability that two banks would accept security subordinate to an unknown equitable charge), the court inferred with practical certainty that the equitable charge had been discharged de facto; the defendants therefore had good title and had answered the requisition satisfactorily. The appeal was dismissed with costs.
21 Dec 2011

SULLIVAN LUKE JOSEPH v. CHAN SUK KUEN AND ANOTHER

Citation

SULLIVAN LUKE JOSEPH v. CHAN SUK KUEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP900/2011

The court held that both discrepancies were clerical/identifiable errors resolvable by construing the instruments against the surrounding title history and memorials; the defendants' solicitor answers were sufficient to resolve the requisitions, the defendants proved title to the flat and parking space, and the plaintiff's application was dismissed with costs nisi.
22 Nov 2007

THE HONG KONG CENTRAL HOSPITAL LTD v. PROGRESSIVE GROUP LTD

Citation

THE HONG KONG CENTRAL HOSPITAL LTD v. PROGRESSIVE GROUP LTD
Court

Court of First Instance
Case number

HCMP689/2007

The court held that although a discrepancy existed between the Occupation Permit and approved plans, the Approved Floor Plan was the latest approved plan, the Buildings Department had been aware since 1973 and taken no enforcement action for over 30 years making any future enforcement risk remote, and any deviation (combination of flats C and D) did not affect title to Flat 6B; consequently the vendor had satisfactorily answered the requisition and showed good title to Flat 6B.
6 Jan 2005

IP KAM WAH AND ANOTHER v. FAIR CITY GROUP LTD

Citation

IP KAM WAH AND ANOTHER v. FAIR CITY GROUP LTD
Court

Court of First Instance
Case number

HCMP2491/2004

The Collateral Agreement, clear in ordinary language and signed by an experienced property dealer who had actual or constructive knowledge of common unauthorised structures, validly waived the defendant's right to object to title on the ground of the specified unauthorised structure; affidavit evidence was sufficient to resolve credibility in favour of the plaintiffs; clause 18 conditions were satisfied so release of the further deposit cheque was proper; the defendant's solicitor's stance and dishonour of the cheque amounted to repudiation; the plaintiffs were entitled to rescind the Provisi…
19 Jul 2002

WELL COINS DEVELOPMENT LTD. v. KING\'S FORTUNE INTERNATIONAL INVESTMENT LTD.

Citation

WELL COINS DEVELOPMENT LTD. v. KING\'S FORTUNE INTERNATIONAL INVESTMENT LTD.
Court

Court of First Instance
Case number

HCMP554/2002

Where the original Government/Crown Lease cannot be found and there is good reason for its non-availability, cogent secondary evidence that proves the lease existed and its material contents is sufficient to establish good title; on the facts the supplied secondary evidence proved the lease and the plaintiff’s title.