Hong Kong Case Law: Decisions & Judgments

Topic

Vendor's title obligations

Legal area

Court

10 Feb 2006

CHU CHOW HA JOSEPHINE v. WORLDPART INDUSTRIAL LTD

Citation

CHU CHOW HA JOSEPHINE v. WORLDPART INDUSTRIAL LTD
Court

Court of Appeal
Case number

CACV118/2005

The phrase 'occupation permit' in the sale agreements must be given the meaning of the document which permits lawful occupation in the statutory context of the development (here a Certificate of Compliance for small houses), therefore the condition for rescission for failure to obtain an occupation permit within 24 months was not engaged as construed and the purchasers remained obliged to pay the third instalment; appeal dismissed.
29 Jun 2000

CHOW YIM WOON v. LAM YUNG MING SARLINA

Citation

CHOW YIM WOON v. LAM YUNG MING SARLINA
Court

Court of Appeal
Case number

CACV85/2000

The appeal is dismissed because the principal legal questions and factual disputes (including the applicability of s.35 First Schedule and the relationship/authority of Joinrex) could not be resolved summarily; the correct legal position is that absent special contractual terms the vendor need only be able to show a good title by completion and there was no clear right to rescind on the material before the court.
7 Aug 1995

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN

Citation

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN
Court

Court of First Instance
Case number

HCMP1866/1995

The second Building Order as registered constituted a real and subsisting encumbrance because it created an actual liability on individual owners to contribute to remedial works; however, on the facts the liability was limited and the vendor's undertaking to be responsible for the apportioned costs (evidenced by tenders and an apportioned cap) cured any title defect and was adequate to refuse rescission; accordingly the rescission application was dismissed but protective orders (retention of HK$100,000) and costs were awarded.

Hong Kong Case Law

CHU CHOW HA JOSEPHINE v. WORLDPART INDUSTRIAL LTD

CHOW YIM WOON v. LAM YUNG MING SARLINA

LAM MEE HING AND ANOTHER v. CHIANG SHU YIN