RE Maxgrade Ltd of Block D, 2nd Floor, No. 48 Kennedy Road, Monticello, Hong Kong (20th of 2531 Parts or Shares of and in Inland Lot No. 7978)

RE Maxgrade Ltd of Block D, 2nd Floor, No. 48 Kennedy Road, Monticello, Hong Kong (20th of 2531 Parts or Shares of and in Inland Lot No. 7978)

Where chargees were not served or notified and there existed a bona fide dispute over entitlement to charges, the court will not make ex parte orders discharging a registered Memorandum of Charge; the proper course is to adjourn for service and to permit amendment as appropriate.

Citation
RE Maxgrade Ltd of Block D, 2nd Floor, No. 48 Kennedy Road, Monticello, Hong Kong (20th of 2531 Parts or Shares of and in Inland Lot No. 7978)
Parties
Applicant (owner of 10/150 Parts of Inland Lot No. 5377): Tsang Mei Heung Debbie; Applicant (owner of 20/2531 Parts of Inland Lot No. 7978): Maxgrade Ltd; Chargee: Unnamed chargee(s)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2000
Case Number
HCMP2297/2000
Procedural Posture
Ex Parte Originating Summons Seeking Discharge of Memorandum of Charge / Ruling: Adjourned for Service on Chargees; Amendment Granted in Mp2295/2000
Outcome
Applications adjourned for service on the respective chargees; amendment of originating summons in MP2295/2000 ordered; no ex parte discharge ordered.
Legal Topics
Discharge of Memorandum of Charge, Service of Process, Ex Parte Relief, Amendment of Originating Summons, Natural Justice (audi Alteram Partem)
Source Language
EN
Land Registration Law Property Law Civil Procedure Building Management Discharge of Memorandum of Charge Service of Process Ex Parte Relief Amendment of Originating Summons +1 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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tsang Mei Heung Debbie

Applicant (owner of 10/150 Parts of Inland Lot No. 5377)

Maxgrade Ltd

Applicant (owner of 20/2531 Parts of Inland Lot No. 7978)

Unnamed chargee(s)

Chargee

Procedural Posture

Ex Parte Originating Summons Seeking Discharge of Memorandum of Charge / Ruling: Adjourned for Service on Chargees; Amendment Granted in Mp2295/2000

Legal Issues

  1. 1 Whether the court may discharge a registered Memorandum of Charge ex parte without service or notice to the chargee
  2. 2 Whether an ex parte order can properly be made and left for the chargee to seek to set aside after service
  3. 3 Whether amendment of the originating summons should be permitted

Ratio Decidendi

Where chargees were not served or notified and there existed a bona fide dispute over entitlement to charges, the court will not make ex parte orders discharging a registered Memorandum of Charge; the proper course is to adjourn for service and to permit amendment as appropriate.

Court Disposition

Applications adjourned for service on the respective chargees; amendment of originating summons in MP2295/2000 ordered; no ex parte discharge ordered.

Orders

  • Applications adjourned pending service on the respective chargees
  • Order under MP2295/2000 granted to amend the originating summons as sought by the applicant