Deposit or penalty? The court can order repayment of a penalty that has...
Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd ([1993] AC 573, PC) was an appeal to the Privy Council from the Court of Appeal of Jamaica. A purchaser had paid a 25% deposit and this had...
View ArticleDelay in accepting repudiatory breach.
In Cheung Ching Ping Stephen v Allcom Ltd ([2010] 2 HKLRD 324, CA) S and P entered into a provisional sale and purchase agreement. P paid an initial deposit of $1 million. The agreement provided that...
View ArticleUnregistered legal charge: void but still an encumbrance
In Siu Wing Yee Angeline v Earning Yield Ltd ([2013] HKEC 868, CFI) S had agreed to sell property to P. Both parties wanted to proceed. The question was, though, whether S’s title was subject to an...
View ArticleAdverse possession: land owned by Tong but no evidence of the birth of a new...
In Wealth Hill International Limited v Wong Kwan Siu ([2013] HKEC 838, CFI) a Tong was the registered owner of land. W had been in adverse possession for the necessary twenty year period. If a new...
View ArticleAdverse possession of a common part by a stranger to the DMC: BMO s.34I does...
In Wong King Lim v Peony House (IO) ([2013] HKEC 828, CA) W had been in adverse possession of a lane behind Peony House since 1987. The lane was a common part of Peony House. W was not an owner of...
View ArticleDisputed possessory title: still good enough to see off a trespasser
In Bridam Ltd v Sa Sa Cosmetic Co Ltd ([2013] HKEC 1020, CFI) L granted a lease of premises to T. The lease also gave T the right to use the signage on the external wall. L claimed to have possessory...
View ArticleOwners’ meeting: validity of decision to dissolve the meeting and of the...
Discovery Bay Services Management Ltd v Hannon Ltd ([2013] HKEC 958, LT) concerned the validity of a decision to dissolve a meeting of the Headland Village Owners’ Committee and of the proceedings of a...
View ArticleCommon intention constructive trust as a vehicle for an investment agreement
In Pang Ketian Sally v Tam Yak Hung Annie ([2013] HKEC 990, CFI) P, D and F entered into an agreement whereby each of them was to contribute to the deposit for the purchase of a flat and have a...
View ArticleDuty to show and give good title: the MEPC principle as a last resort
In Xu Xiaoqi v Tsui Yuet Lai Teresa ([2013] HKEC 636, CFI) D agreed to sell a property to P. The agreement required D to show and give good title in accordance with sections 13 and 13A of the...
View ArticleNo hand-written signature to contract where a signature is clearly anticipated
In Hubert v Treherne ((1842) 3 Man & G 743, 133 ER 1338) the parties entered into a contract that had to comply with the Statute of Frauds (and so had to be signed by them or on their behalf). The...
View ArticleSignature requirement satisfied where written document intended to have...
In Leeman v Stocks ([1951] Ch 941) property was sold at auction. The auctioneer got the purchaser to sign a contract. He then reported to the seller on what had happened and the seller did not object....
View ArticleAdverse possession and purchaser allowed into possession where the contract...
In Lam Chi Keung v Choi Chung Fun ([2013] HKEC 1095, CFI) S agreed to sell property to P. Title to the property was in the name of S’ deceased father. The contract was conditional on S obtaining...
View ArticlePossession claims and the Lands Tribunal
In Chan Kwong Ho v Yeung Chi Keung Eric ([2013] 2 HKLRD 812, LT) the Lands Tribunal ordered Y to give up possession of property to C following the expiry of the lease. It indicated, however, that in...
View ArticleDonatio mortis causa
In Estate of Chen Soo King ([2013] HKEC 210, CFI) C was the adopted son of the deceased. He claimed to be entitled to the shares, cash, jewellery and other assets forming the deceased’s estate by...
View ArticleMissing title deeds, giving good title and Yiu Ping Fong
In De Monsa Investments Ltd v Whole Win Management Fund Ltd ([2011] 4 HKLRD 478, CA) V had entered into an agreement to sell office space in Central to P. V was unable to produce the originals of...
View ArticleInjunction to restrain threatened nuisance and trespass
In Billion Star Development Ltd v Wong Tak Chuen ([2013] 2 HKLRD 714, CA) P owned property within the Mei Foo estate. P had the benefit of a right of way over the estate roads for the purpose of access...
View ArticleThe duty to convene and participate in management committee meetings
In Tzeng Li Wen Judy v Tam Lup Wai Franky ([2013] 2 HKLRD 790, LT) one member of a management committee brought proceedings against the chairman complaining that meetings had not been held every three...
View ArticleInterpretation of clause modifying duty to respond to requisitions concerning...
In Channel Green Ltd v Huge Grand Ltd ([2013] HKEC 1124, CFI) CG had entered into a contract to buy property from HG. It had paid a 15% deposit. The contract contained a clause to the effect that the...
View ArticleGood title can be partly possessory
In Ease Kind Development Ltd v Land Source Investment Ltd ([2013] HKEC 1155, CFI) S had contracted to sell property to P and to give good title in accordance with section 13 of the Conveyancing and...
View ArticleProcedure when seeking a vesting order in respect of the property of a...
In Fook Tai Investment Co Ltd v Secretary for Justice ([2013] HKEC 1229, CFI) FT sought a declaration that it was the legal and beneficial owner of certain property. Title had been vested in an...
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