Hong Kong Leading Case good titlevendor and purchaserconveyancing

Mexon Holdings Ltd v Silver Bay International Ltd

(2000) 3 HKCFAR 109; [2000] 1 HKLRD 935; FACV 16/1999 [candidate's FACV 14/1999 was incorrect; correct FACV is 16 of 1999]

JurisdictionHong Kong

CourtCourt of Final Appeal (Hong Kong)

Year2000

StatusBinding authority

Key Principle

On a sale of land, good title is assessed from the standpoint of a willing purchaser and vendor with reasonably robust commonsense; title is good unless there is a real risk of the successful assertion of an encumbrance against the purchaser. Conveyancing contracts are construed by the objective contextual approach.

Area of Law

Land & Property

Related Cases

Mo Ying v Brillex Development Ltd & Anor [2015] 2 HKLRD 985; [2015] 3 HKC 104

De Monsa Investments Ltd v Richly Bright International Ltd & Anor (2015) 18 HKCFAR 232

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]

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