KINFORM LTD AND ANOTHER v. CHOW WING KUN

KINFORM LTD AND ANOTHER v. CHOW WING KUN

The court vacated the registration: registration had expired under s17 but, adopting Re Li Fat, the court nonetheless exercised its inherent jurisdiction to vacate the certified Form A because the plaintiffs, as registered owners, had shown good cause and the defendant lacked locus standi to contest the application due to bankruptcy and absence of Official Receiver consent.

Citation
KINFORM LTD AND ANOTHER v. CHOW WING KUN
Parties
1st Plaintiff: KINFORM LIMITED; 2nd Plaintiff: SHUN FUNG TIMBER FACTORY LIMITED; Defendant: CHOW WING KUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2016
Case Number
HCMP1482/2015
Procedural Posture
Originating Summons Under Land Registration Ordinance (vacation of Lis Pendens) / Application Heard and Determined (originating Summons; Judgment)
Outcome
Registration of the certified copy of the Amended Form A vacated; orders made in terms of the Originating Summons dated 17 June 2015
Legal Topics
Lis Pendens, Vacation of Registration, Inherent Jurisdiction, Standing / Locus Standi, Vesting of Causes of Action in Bankruptcy
Source Language
EN
Land Law Civil Procedure Family Law Bankruptcy Law Lis Pendens Vacation of Registration Inherent Jurisdiction Standing / Locus Standi +1 more

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Parties

KINFORM LIMITED

1st Plaintiff

SHUN FUNG TIMBER FACTORY LIMITED

2nd Plaintiff

CHOW WING KUN

Defendant

Procedural Posture

Originating Summons Under Land Registration Ordinance (vacation of Lis Pendens) / Application Heard and Determined (originating Summons; Judgment)

Legal Issues

  1. 1 Whether the registration of a certified Form A (lis pendens) should be vacated
  2. 2 Whether s19 or s17 of the Land Registration Ordinance applied given five year expiry
  3. 3 Whether the court could exercise inherent jurisdiction to vacate registration after statutory effect had lapsed

Ratio Decidendi

The court vacated the registration: registration had expired under s17 but, adopting Re Li Fat, the court nonetheless exercised its inherent jurisdiction to vacate the certified Form A because the plaintiffs, as registered owners, had shown good cause and the defendant lacked locus standi to contest the application due to bankruptcy and absence of Official Receiver consent.

Court Disposition

Registration of the certified copy of the Amended Form A vacated; orders made in terms of the Originating Summons dated 17 June 2015

Orders

  • Registration of the certified copy of the Amended Form A registered 28 October 2010 is vacated
  • Order made in terms of the Originating Summons dated 17 June 2015