Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Title scrutiny
  • 2 Aug 1993

    LAU SIU YING AND ANOTHER V. WONG CHEUNG TAI

    Citation
    LAU SIU YING AND ANOTHER V. WONG CHEUNG TAI
    Court
    Court of First Instance
    Case number
    HCMP669/1993

    The judge held that the risk of a successful attack on the plaintiffs' title by beneficiaries under the 1952 trust was merely fanciful given the open Assignment to a Corporation of the same name, the incorporation and dissolution timeline, absence of any claim over 30 years, presumption of consent or acquiescence, practical impossibility and injustice of tracing or enforcing a remedy against the intermingled building and third- party interests, and the likely availability of claims (if any) against proceeds rather than the Property; accordingly the plaintiffs have shown a good title and the t…