Read the full judgment text of CACV 26/2020 on BabelCite. This Court of Appeal judgment was delivered on 27 April 2022 before Hon Kwan VP, Cheung and Chu JJA.
Civil Appeal – Non est factum – Common mistake – Limitation Ordinance – Deed of Family Arrangement – Vesting Assignment – Executor – Account – Appeal allowed – Costs to plaintiff – Whether defence of non est factum established where defendant signed documents without reading them – Whether Judge erred in assessing evidence regarding preparation of documents and defendant's knowledge – Whether Deed and Assignment could be declared void as between parties without joining all siblings – Whether common mistake defence applies regarding validity of Restriction on alienation – Whether Limitation Ordinance s.18 applies to claim for share of rent collected – Court held non est factum not established due to negligence, Judge erred in evidence assessment, documents not severable, common mistake assumption well-founded, and claim not for arrears of rent – Appeal allowed, judgment set aside, account ordered, costs to plaintiff.
Legal issues: Non est factum · Assessment of evidence · Declaration of voidness · Common mistake · Limitation
Outcome: Appeal allowed; judgment set aside; judgment entered for plaintiff for order of account; counterclaim dismissed; costs to plaintiff.
Cites 4 cases