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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...
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Delay 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...
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Unregistered 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...
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Adverse 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...
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Adverse 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...
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Disputed 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...
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Owners’ 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...
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Common 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...
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Duty 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...
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No 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...
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Signature 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....
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Adverse 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...
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Possession 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...
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Donatio 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...
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Missing 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...
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Injunction 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...
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The 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...
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Interpretation 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...
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Good 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...
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Procedure 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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