Hong Kong Case Law: Decisions & Judgments

Topic

Vendor and purchaser

Legal area

Court

30 Apr 2018

STEP BILLION INVESTMENT LTD v. MONTE GENEROSO LTD

Citation

[2018] HKCFI 743
Court

Court of First Instance
Case number

HCMP1482/2017

The Power of Attorney was ambiguous as to whether it covered the Property; the defendant failed to provide the necessary conveyancing evidence or confirmations to show beyond reasonable doubt there was no real risk of a challenge to the donee's authority; consequently the requisition was not satisfactorily answered and the defendant was not entitled to enforce completion and must return the deposit with interest.
17 Mar 2014

NG WAI KWAN v. HUI YUK CHI ADDY

Citation

NG WAI KWAN v. HUI YUK CHI ADDY
Court

Court of First Instance
Case number

HCMP2453/2013

The vendor satisfactorily answered the requisition because the defect under condition 4(e) was remedied by the execution and registration of a Sub‑DMC that served the purpose of the Building Licence, supported by undertakings and a fund to address any enforcement risk; consequently good title was shown and the purchaser repudiated by refusing to complete, so the purchaser's claim fails and the purchaser must pay the vendor's costs.
3 Nov 2011

NG SAU WAH SYLVIA v. KWAN LAI FAN AND ANOTHER

Citation

NG SAU WAH SYLVIA v. KWAN LAI FAN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1565/2011

The statutory declaration by the handling solicitor provided a sufficiently clear and cogent explanation of the loss, contents and attempts to find the Power of Attorney and therefore adequately answered the Purchasers' requisition as to that document; the prior Agreements to sell and evidence of stamp duty were not documents required to prove title and thus the vendor was not obliged to produce them; accordingly the Purchasers' requisitions were satisfactorily answered and the vendor has shown good title.
9 Sept 2010

TANG HON LEUNG v. LUI MING

Citation

TANG HON LEUNG v. LUI MING
Court

Court of First Instance
Case number

HCMP1220/2010

The Assistant Lands Officer's signatures on the 1949 conveyance and memorial, combined with the missing archival reference likely evidencing authority, the long unchallenged passage of time (61 years) and the plaintiff's 30 years' registered possession, established as a matter of fact that the 1949 conveyance was valid and any risk of successful challenge was fanciful; accordingly the court granted the declaration that the plaintiff had sufficiently answered the requisitions and showed good title.
28 Jun 2002

Hong Kong Niiroku Ltd. v. Dawson Properties Ltd. and Another

Citation

Hong Kong Niiroku Ltd. v. Dawson Properties Ltd. and Another
Court

Court of First Instance
Case number

HCA11041/1996

Damages were assessed in default on the basis that the HK$1.64m deposit was to be returned with interest under Mr Justice Gall's order; plaintiff failed to prove necessity of airfare expenses and loss of use and was non-suited on those heads; allowable losses were limited to loss of bargain and specified transactional expenses, with pre-judgment interest awarded at 11.5% and limited to the period from default or statement of claim until three months after the consent order (to 12 February 2002).
27 Jun 2001

LAM SUK FAN v. CHOY YING KEUNG KENNY

Citation

LAM SUK FAN v. CHOY YING KEUNG KENNY
Court

District Court
Case number

DCMP3678/2000

Judge held that the vendor rebutted the presumption that the deeds were effective on the stated date by cogent contemporaneous evidence and the proposed statutory declaration; the deeds took effect on 15 July 1997; there was no breach of s.17B Housing Ordinance; therefore the purchaser was not entitled to refuse completion and the purchaser's summons is dismissed.
9 Nov 1995

CHAN HONG CHUNG and Another v. MAK KIU

Citation

CHAN HONG CHUNG and Another v. MAK KIU
Court

Court of First Instance
Case number

HCMP1961/1995

The vendor failed to prove good title because she did not establish that the part of the flat protruding over Poplar Street was not unleased land; accordingly the purchasers are entitled to a declaration that the vendor had not shown good title to the flat.
7 Jun 1995

HINGOLD INVESTMENTS LTD. v. KADESY DEVELOPMENT LTD. and Others

Citation

HINGOLD INVESTMENTS LTD. v. KADESY DEVELOPMENT LTD. and Others
Court

Court of First Instance
Case number

HCMP1311/1995

The plaintiff was entitled to costs of the summons up to 1 June (the date the outstanding Tai Lung Shi matter was answered) but not to costs occasioned by fixing the expedited hearing; the defendants were awarded the costs of the hearing on 7 June and may tax those costs, including provision for two counsel.