RE TANG HOI CHUN

RE TANG HOI CHUN

The court exercised its inherent jurisdiction and applied s.17 LRO to conclude the charging orders had ceased to have effect due to non-re-registration and potential time-bar to enforcement; given lack of opposition and good cause shown, the registrations were vacated and the originating summons was permissibly amended.

Citation
[2024] HKDC 143
Parties
Applicant / Registered Owner: Tang Hoi Chun; Chargee / Plaintiff in Original DCCJ 3410/2002: American Express Bank Limited; Charged Party / Defendant in Original DCCJ 3410/2002: Yau Tik Sunny; Former Co Owner / Seller Under 2002 Agreement: Ng Yau Shelk
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 February 2024
Case Number
DCMP4512/2023
Procedural Posture
Miscellaneous Proceedings – Application to Vacate Registration of Charging Orders / Hearing and Decision in Chambers on Originating Summons (amended)
Outcome
Granted. Registration of the Charging Order Nisi (Memorial No. YL1013715) and Charging Order Absolute (Memorial No. YL1016620) vacated; leave granted to amend originating summons; no order as to costs.
Legal Topics
Charging Orders, Lis Pendens, Land Registration Ordinance S.17, Vacation of Registration, Inherent Jurisdiction, Amendment of Originating Summons
Source Language
EN
Land Law Civil Procedure Enforcement of Judgments Property Law Charging Orders Lis Pendens Land Registration Ordinance S.17 Vacation of Registration +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tang Hoi Chun

Applicant / Registered Owner

American Express Bank Limited

Chargee / Plaintiff in Original DCCJ 3410/2002

Yau Tik Sunny

Charged Party / Defendant in Original DCCJ 3410/2002

Ng Yau Shelk

Former Co Owner / Seller Under 2002 Agreement

Procedural Posture

Miscellaneous Proceedings – Application to Vacate Registration of Charging Orders / Hearing and Decision in Chambers on Originating Summons (amended)

Legal Issues

  1. 1 Whether ss.19–20 LRO or s.17 LRO and the court’s inherent jurisdiction govern vacation of registered charging orders
  2. 2 Whether the charging orders had ceased to have effect by reason of non-re-registration and/or limitation
  3. 3 Whether the originating summons should be amended and disposed of summarily

Ratio Decidendi

The court exercised its inherent jurisdiction and applied s.17 LRO to conclude the charging orders had ceased to have effect due to non-re-registration and potential time-bar to enforcement; given lack of opposition and good cause shown, the registrations were vacated and the originating summons was permissibly amended.

Court Disposition

Granted. Registration of the Charging Order Nisi (Memorial No. YL1013715) and Charging Order Absolute (Memorial No. YL1016620) vacated; leave granted to amend originating summons; no order as to costs.

Orders

  • Leave granted to amend the originating summons to correct name of Property and describe Tang as applicant
  • Order that the registrations of Memorial No. YL1013715 and Memorial No. YL1016620 be vacated