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DCMP 3578/2023
[2024] HKDC 1284
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO 3578 OF 2023
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IN THE MATTER of a Formal Agreement for Sale and Purchase dated 5
th
June 2023 between TSUEN WAN TUNG PO TOR MONASTERY LIMITED on the one part, and WONG KOON CHUNG (黃冠聰)
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and
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IN THE MATTER of Section 12 of the Conveyancing and Property Ordinance,
Cap. 219
, Laws of Hong Kong
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BETWEEN
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WONG KOON CHUNG (黃冠聰)
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Plaintiff
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and
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TSUEN WAN TUNG PO TOR
MONASTERY LIMITED
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Defendant
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Before:
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Deputy District Judge B. Mak in Court
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Dates of Hearing:
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28 February 2024
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Date of Judgment:
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9 August 2024
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JUDGMENT
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Introduction
1.
For determination is a Vendor-Purchaser Summons taken out by the plaintiff as the purchaser of Lot No 17 in Demarcation District 451, Tsuen Wan, New Territories (“the Lot”) from the defendant.
The requisition and answers
2.
On 30 August 2022, Messrs Christine FL Ip & Young (“CIY”), raised requisition on title (among others) on behalf of the plaintiff as follows:
“1. Upon search at the Companies Registry, we note that under object (a) of the Memorandum of Association, one of the objects for which your client is established is “To acquire and take over all of any part of the assets and liabilities of the present unincorporated body known as “TSUEN WAN TUNG PO TOR MONASTERY (荃灣東普陀講寺)”.”
However, the name of the beneficiary under the Declaration of Trust Memorial No TW170504 is the members of TUNG PO THOR MONASTERY (東普陀寺).
Please adduce evidence to show that the members of TUNG PO THOR MONASTERY (東普陀寺) are the unincorporated body known as “TSUEN WAN TUNG PO TOR MONASTERY (荃灣東普陀講寺).””
(“the requisition”)
3.
On 19 September 2022, Messrs Gilbert Tang & Co (“GT”), answered the requisition on behalf of the defendant as follows:
“Since title to the Property commences with Assignment Memorial No TW383912 and re-registered by Memorial No TW1007019, as our client need only prove 15 years’ title pursuant to Section 13A of the Conveyancing and Property Ordinance,
Cap 219
, we will not answer any query beyond the statutory period.”
4.
On 20 September 2022, GT further answered the requisition as follows:
“1. Please refer to clause 3
rd
(a) of the Memorandum & Articles of Association of Tsuen Wan Tung Po Tor Monastery Limited.
…
We trust that all your requisitions have been satisfactorily answered.”
5.
On 27 September 2022, GT further answered the requisition as follows:
“Further to our letter dated 20
th
September 2022, we would like to reply you as follows (using the same numbering):-
1. In respect of the two names, Tung Po Thor Monastery (東普陀寺) and Tsuen Wan Tung Po Tor Monastery (荃灣東普陀講寺), we are instructed that they refer to the same association or body.
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