RE LI FAT

RE LI FAT

The Prohibitory Order registered in 1918 had lapsed under s17 of the Land Registration Ordinance because there was no re-registration within five years; s19 was inapplicable because there was no material showing a continuing lis pendens and the memorandum indicated the case was settled; the court therefore exercised its inherent jurisdiction to order vacatur of the registration and made no order as to costs.

Citation
RE LI FAT
Parties
Applicant (registered Owner): Li Fat also known as Lee Koon Fat; Respondent (registrar of Land Registry): Land Registrar (Hong Kong)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2009
Case Number
HCMP1078/2009
Procedural Posture
Ex Parte Originating Motion Under Land Registration Ordinance / Miscellaneous Proceedings / Judgment (decision)
Outcome
Registration of the Prohibitory Order dated 8 February 1918 (Memorial No. TP 38328) vacated; no order as to costs.
Legal Topics
Vacating Registration, Prohibitory Order, Land Registration Ordinance S17 and S19, Inherent Jurisdiction to Vacate Registrations
Source Language
EN
Land Law Property Civil Procedure Vacating Registration Prohibitory Order Land Registration Ordinance S17 and S19 Inherent Jurisdiction to Vacate Registrations

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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Li Fat also known as Lee Koon Fat

Applicant (registered Owner)

Land Registrar (Hong Kong)

Respondent (registrar of Land Registry)

Procedural Posture

Ex Parte Originating Motion Under Land Registration Ordinance / Miscellaneous Proceedings / Judgment (decision)

Legal Issues

  1. 1 Whether the Prohibitory Order registered in 1918 is a lis pendens within s19 LRO
  2. 2 Whether s19 LRO provides the correct basis for vacating the registration
  3. 3 Whether s17 LRO caused the registration to cease after five years absent re-registration

Ratio Decidendi

The Prohibitory Order registered in 1918 had lapsed under s17 of the Land Registration Ordinance because there was no re-registration within five years; s19 was inapplicable because there was no material showing a continuing lis pendens and the memorandum indicated the case was settled; the court therefore exercised its inherent jurisdiction to order vacatur of the registration and made no order as to costs.

Court Disposition

Registration of the Prohibitory Order dated 8 February 1918 (Memorial No. TP 38328) vacated; no order as to costs.

Orders

  • The registration of the Prohibitory Order dated 8 February 1918 (Memorial No. TP 38328) in respect of The Remaining Portion of Section B of Lot No.141 in D.D.9, Tai Po is vacated.
  • No order as to costs.