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Hong Kong
Leading Case
good titletitle deedsvendor and purchaser
De Monsa Investments Ltd v Whole Win Management Fund Ltd
(2013) 16 HKCFAR 419; FACV 6/2012 (decided 26 July 2013) [candidate's FACV 8/2013 and neutral citation [2013] HKCFA 70 were incorrect/unverified; correct FACV is 6 of 2012]
Key Principle
A vendor's common-law duty to deliver original title deeds on completion is not absolute; it is breached only where the missing originals give rise to a real risk that an enforceable encumbrance (e.g. an equitable mortgage by deposit) could be asserted against the purchaser after completion.
Area of Law
Land & Property
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