Read the full judgment text of HCMP 710/2021 on BabelCite. This High Court CFI judgment was delivered on 26 January 2022 before Hon Ng J.
Conveyancing and Property Ordinance Cap 219 – Joint Tenancy – Severance – Good Title – Requisition – Declaration – Costs – Matrimonial Proceedings and Property Ordinance – Property Transfer Order – Assignment – Confirmatory Deed – Plaintiff shown good title – Parties bear own costs – The court considered whether the 2010 Assignment effectively severed the joint tenancy between Hung See Hung and Lee Pui Fun Stephanie. The court held that the 2010 Order constituted an instrument under s.8 CPO, effecting severance at law. Mutual agreement and conduct also evidenced severance in equity. The court found no real risk of challenge to the title. The requisition was based on a misunderstanding of the legal effect of the 2010 Order. The Plaintiff's solicitors provided the 2010 Assignment and Order. The court concluded the title was good. The Plaintiff was granted a declaration that she has shown good title to the Property. The parties were ordered to bear their own costs.
Legal issues: Severance of Joint Tenancy · Good Title Requisition
Outcome: Declaration granted that Plaintiff has shown good title; parties bear own costs.
Cited by 3 cases · Cites 2 cases