Read the full judgment text of DCCJ 005023/2007 on BabelCite. This District Court judgment was delivered on 30 September 2008 before HH Judge Lok.
Civil Procedure – Summary Judgment – Property Transaction – Title Defect – Bankruptcy Ordinance – Matrimonial Proceedings – Consideration – Undervalue Transaction – Appeal – Costs – Plaintiffs appealed Registrar's order granting leave to defend regarding return of deposit – Issue whether title defective due to Bankruptcy Ordinance s.49 risk – Court held transfer made pursuant to Consent Order in matrimonial proceedings constituted consideration – Ancillary relief can constitute consideration – No real risk of successful challenge – Plaintiffs in breach for rescinding without requisition – Appeal dismissed – Costs to Defendant
Legal issues: Defect in title under Bankruptcy Ordinance · Consideration in Consent Order · Breach of Agreement
Outcome: Appeal dismissed; Registrar Poon's order affirmed.