WONG KWOK CHIANG AND OTHERS v. LONGO CONSTRUCTION LIMITED AND ANOTHER

WONG KWOK CHIANG AND OTHERS v. LONGO CONSTRUCTION LIMITED AND ANOTHER

Because the Court of Appeal removed any enforceable proprietary remedy under the Deed of Grant and the defendants admitted the existence of the claimed easements such that only personal claims for damages remained, there were no live issues affecting 73C within the meaning of the Land Registration Ordinance and the four registrations against 73C had to be vacated.

Citation
WONG KWOK CHIANG AND OTHERS v. LONGO CONSTRUCTION LIMITED AND ANOTHER
Parties
Plaintiffs: WONG KWOK CHIANG, WONG KWOK HONG, WONG KWOK WAI, WONG KWOK HUNG (by their lawful attorney), WONG KWOK GEE; 1st Defendant: LONGO CONSTRUCTION LIMITED; 2nd Defendant: WAI HING CONSTRUCTION COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 1987
Case Number
HCA5147/1984
Procedural Posture
Land Registration / Easement Dispute / Chambers Application to Vacate Land Registrations; Judgment on Vacation of Registrations
Outcome
All four registrations against 73C (Deed of Grant, Generally Endorsed Writ, Statement of Claim, Order of Jones J.) were vacated; 2nd Defendant ordered to acknowledge Plaintiffs' right to support in writing; costs awarded.
Legal Topics
Lis Pendens, Deed of Grant, Support Easements, Damages in Lieu of Injunction, Vacation of Registration
Source Language
EN
Property Law Land Registration Easements Civil Procedure Lis Pendens Deed of Grant Support Easements Damages in Lieu of Injunction +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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

WONG KWOK CHIANG, WONG KWOK HONG, WONG KWOK WAI, WONG KWOK HUNG (by their lawful attorney), WONG KWOK GEE

Plaintiffs

LONGO CONSTRUCTION LIMITED

1st Defendant

WAI HING CONSTRUCTION COMPANY LIMITED

2nd Defendant

Procedural Posture

Land Registration / Easement Dispute / Chambers Application to Vacate Land Registrations; Judgment on Vacation of Registrations

Legal Issues

  1. 1 Whether the Deed of Grant and related registrations continue to affect the land for purposes of the Land Registration Ordinance
  2. 2 Whether admitted easements of support remain 'in litigation' and thus registrable as affecting land
  3. 3 Whether the Court of Appeal's decision reduced remedies to damages only such that registrations should be vacated

Ratio Decidendi

Because the Court of Appeal removed any enforceable proprietary remedy under the Deed of Grant and the defendants admitted the existence of the claimed easements such that only personal claims for damages remained, there were no live issues affecting 73C within the meaning of the Land Registration Ordinance and the four registrations against 73C had to be vacated.

Court Disposition

All four registrations against 73C (Deed of Grant, Generally Endorsed Writ, Statement of Claim, Order of Jones J.) were vacated; 2nd Defendant ordered to acknowledge Plaintiffs' right to support in writing; costs awarded.

Orders

  • Vacate registration of the Deed of Grant dated 16 May 1952 against 73C Waterloo Road
  • Vacate registration of the Generally Endorsed Writ (filed 28 July 1984) against 73C Waterloo Road