Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Vendor's title covenant
  • 22 Dec 1999

    CHONG PING v. HUNG LING YUEN LAWRENCE

    Citation
    CHONG PING v. HUNG LING YUEN LAWRENCE
    Court
    Court of First Instance
    Case number
    HCA6481/1998

    Vendor failed to prove good title because no occupation permit was produced for a building exceeding the regulatory height limit, and the DLO's tolerance could not displace the Building Authority's statutory powers; absence of evidence that Building Authority would not at any time enforce the Buildings Ordinance meant a real risk remained during the whole tenure, entitling plaintiff to refund of deposit and interest; lis pendens A5287 had been vacated and expired and did not affect title; stamp duty refund was not awarded in this action but plaintiff could seek statutory refund under the Stam…