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HCMP002891M/1998
HCMP2891/1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO.2891 OF 1998
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IN THE MATTER OF the land and premises known as Flat G, 8th Floor, Capilano Court (Block 3) and Car Parking Space No.287 on the Lower Ground Floor both of Pictorial Garden, Shatin, New Territories, Hong Kong ("the said premises") |
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AND
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IN THE MATTER OF the sale and purchase agreement dated 18 February 1998 and registered in the Sha Tin New Territories Land Registry by Memorial No.1021226 made between the plaintiff, as purchaser, and the 1st and 2nd defendants, as vendors, for the sale and purchase of the said premises at $3.38 million |
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| BETWEEN |
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CHAN GUAN LI XIA |
Plaintiff |
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FUNG WAI HING |
1st Defendant |
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FUNG WING KWONG |
2nd Defendant |
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Coram: Deputy High Court Judge Muttrie in Court
Dates of Hearing: 26 to 27 June 2001
Date of Judgment: 4 July 2001
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C O R R I G E N D A
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1. At page 15, paragraph 39, lines B to H, the sentences should read as :
"39. The effect of this is that the defendants always had and could have given the plaintiff a good title. The plaintiff's claim is, of course, not that good title could not be given but that it was not proved. There is no real argument from the plaintiff that Chu had a valid claim but rather it seems to be that, whether valid or not, Chu's claim still amounted to an incumbrance on the title. It was a latent defect in the title and as such the defendants were under a duty to disclose it. I will deal with this later. More particularly however the plaintiff claim that Chu's agreement had been registered and therefore had priority."
2. At page 19, paragraph 54, lines K to P, the sentences should read as :
"... It is argued that the solicitors should have carried out a land search before the formal sale and purchase agreement was signed on 18 February. Hong Kong Conveyancing Law and Practice, by Sihombing & Wilkinson sets out at XIV 44-46 the steps to be taken as good conveyancing practice by a purchaser's solicitor and these steps include searching the Land Registry as the first step, and again before completion in case of the registration in the meantime of any charging order or lis pendens. ..."
Dated this 24th date of October, 2001.
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(Anna Tse) (Miss) |
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Clerk to Deputy High Court Judge Muttrie |
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