Hong Kong Case Law: Decisions & Judgments

Topic

Waiver of requisitions

Legal area

Court

7 Mar 2006

RE CYNTHIA WAI-MAN FANG

Citation

RE CYNTHIA WAI-MAN FANG
Court

Court of First Instance
Case number

HCAG5519/2005

Although inclusion of an alias in a grant ordinarily requires evidence that assets are held under that name or other sufficient reason under r.7 NCPR, the Court has a discretion under r.5(1) to waive technical non-compliance; on the facts the Court waived requisition nos.5 and 7 and permitted retention of the deceased's HKID name in the grant because the burden of amendment and prejudice to aged parties outweighed the negligible risk of misidentification.
18 Jan 2005

POON MEE KUEN v. CHAN HOR TONG AND ANOTHER

Citation

POON MEE KUEN v. CHAN HOR TONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1433/2004

Vendors failed to satisfactorily answer requisitions because they asserted without evidential support that internal partitions were non-structural and therefore did not show good title; purchaser had not waived requisitions because there was no evidence she knew the legal consequences; Clause 22 did not shift the risk of defective title; therefore purchaser validly rescinded and is entitled to return of deposits, indemnities, damages, interest, costs and a purchaser's lien.
26 Jul 2002

LAM YUNG v. SHEN LOK SZE

Citation

LAM YUNG v. SHEN LOK SZE
Court

District Court
Case number

DCCJ16281/2001

The plaintiff, having raised the requisition and accepted his solicitor's advice that the assignment was deemed duly executed and thereafter failed to pursue the matter within the contractual time limit in clause 18, waived the right to revive the requisition; consequently plaintiff breached the completion obligation, deposit was forfeited and defendant entitled to damages (net award HKD 60,242.96 plus interest) and costs on an order nisi basis.
15 Jul 2000

YAU ALLEN LEE NAM v. LO KING MAN AND ANOTHER

Citation

YAU ALLEN LEE NAM v. LO KING MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA16782/1998

The Ord.14A application was refused because the core disputes (completeness of the SDC, alleged non-disclosure/candour, and waiver/timing of requisitions) are factually intertwined with legal questions and cannot be resolved as pure questions of law or construction; defendants had answered that the copies provided were the only copies located (including Lands Registry copy) and the court will not require proof of a negative; allocation of shares did not, on pleaded facts, create a fatal title defect; these issues must proceed to trial.
7 May 1998

CHAN KIN LEUNG v. LOK KAR CHEONG

Citation

CHAN KIN LEUNG v. LOK KAR CHEONG
Court

Court of First Instance
Case number

HCMP3993/1997

The vendor proved that Building Licence No.13 (as rectified) covered the property and answered the Building Licence requisition; the purchaser had actual knowledge the original New Grant was lost and, by conduct and correspondence, impliedly waived or was estopped from insisting on production of a certified copy of New Grant No.2250; recitals in title documents older than 15 years (s.13(4)) provided sufficient evidence of the New Grant; accordingly the vendor showed good title and the originating summons was dismissed with costs to the defendant.
27 Nov 1996

ULTRA ETERNAL LTD. v. LIU TAI CHEONG

Citation

ULTRA ETERNAL LTD. v. LIU TAI CHEONG
Court

Court of First Instance
Case number

HCMP1188/1996

The First Requisition was validly raised and not satisfactorily answered because the will expressly vested the Building as specific gifts to beneficiaries and contained restrictions on disposition such that the executor lacked an unqualified power to sell absent beneficiaries' consent; the presumption that an executor acted in the discharge of duties was rebutted by the will and probate documents, so Defendant failed to show good title and Plaintiff was entitled to refund of the deposit with interest and costs. The Second Requisition was out of time but the Defendant's conduct in replying cou…

Hong Kong Case Law

RE CYNTHIA WAI-MAN FANG

POON MEE KUEN v. CHAN HOR TONG AND ANOTHER

LAM YUNG v. SHEN LOK SZE

YAU ALLEN LEE NAM v. LO KING MAN AND ANOTHER

CHAN KIN LEUNG v. LOK KAR CHEONG

ULTRA ETERNAL LTD. v. LIU TAI CHEONG