WU WING KUEN v. LEUNG KWAI LIN CINDY

CACV 240/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 240 OF 1999

(ON APPEAL FROM HCMP 646/1999)

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J U D G M E N T

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Hon Godfrey VP :

1. In my opinion, this case does give rise to a question of great general and public importance. Without attempting precisely to define the question, I will simply indicate that the question whether evidence is required to prove due execution of a lost or missing power of attorney or whether due execution may be presumed is a question which has arisen in the past and is likely to arise in the future, and which may well affect a number of titles to land in Hong Kong. In this court, we were unable to arrive at a unanimous decision upon the point and the law is in an unsatisfactory state.

2. For these reasons, I would, for my part, grant the vendor's application for leave to appeal to the Court of Final Appeal.

3. Both vendor and purchaser have appeared before us today unrepresented, their funds having been exhausted by the cost of the litigation to date. I would express the hope that legal aid will be available to both of them in the Court of Final Appeal; failing that, that the vendor at least should be so assisted with the purchaser being represented by a friend of the court instructed for that purpose.

4. I would not propose at this stage to make any further or other order. If any further or consequential orders are to be made at a later stage, they will have to be made on a fresh application for the purpose.

Hon Keith JA :

5. I agree that leave to appeal to the Court of Final Appeal should be granted.

Hon Ribeiro JA :

6. I also agree.