FAIRWING INVESTMENT LTD v. WAN SAI CHUNG WAN SAI HANG

FAIRWING INVESTMENT LTD v. WAN SAI CHUNG WAN SAI HANG

The automatic stay was lifted as the defendants' late legal aid application was an abuse of process; the defendants' pleaded defences (misrepresentation and undue influence) disclosed no reasonable defence and were struck out; the court, exercising its inherent jurisdiction, ordered the Deeds shown as pending registration to be vacated from the Land Register and granted summary relief to the plaintiff.

Citation
FAIRWING INVESTMENT LTD v. WAN SAI CHUNG WAN SAI HANG
Parties
Plaintiff: Fairwing Investment Ltd; 1st Defendant: Wan Sai Chung; 2nd Defendant: Wan Sai Hang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2016
Case Number
HCA2460/2014
Procedural Posture
Civil Action (land/contract) / Application for Final Judgment Under Order 14 With Interlocutory Application to Lift Automatic Stay Under Legal Aid Ordinance S15
Outcome
Summons granted: automatic stay lifted; Deeds vacated from Land Register; defence and counterclaim struck out; order nisi for costs in favour of plaintiff with certificate for two counsel
Legal Topics
Summary Judgment, Vacation of Registration of Instruments Pending Registration, Deed of Revocation, Proprietary Estoppel, Misrepresentation, Undue Influence, Abuse of Process, Automatic Stay
Source Language
EN
Land Law Contract Equity Civil Procedure Legal Aid Summary Judgment Vacation of Registration of Instruments Pending Registration Deed of Revocation +5 more

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Parties

Fairwing Investment Ltd

Plaintiff

Wan Sai Chung

1st Defendant

Wan Sai Hang

2nd Defendant

Procedural Posture

Civil Action (land/contract) / Application for Final Judgment Under Order 14 With Interlocutory Application to Lift Automatic Stay Under Legal Aid Ordinance S15

Legal Issues

  1. 1 Whether the automatic stay arising from the defendants' late legal aid application should be lifted as an abuse of process
  2. 2 Whether the defendants' defence and counterclaim disclose a reasonable defence so as to defeat a summary judgment application under Order 14
  3. 3 Whether the court has jurisdiction to order vacation of instruments shown as pending registration in the Land Register

Ratio Decidendi

The automatic stay was lifted as the defendants' late legal aid application was an abuse of process; the defendants' pleaded defences (misrepresentation and undue influence) disclosed no reasonable defence and were struck out; the court, exercising its inherent jurisdiction, ordered the Deeds shown as pending registration to be vacated from the Land Register and granted summary relief to the plaintiff.

Court Disposition

Summons granted: automatic stay lifted; Deeds vacated from Land Register; defence and counterclaim struck out; order nisi for costs in favour of plaintiff with certificate for two counsel

Orders

  • Automatic stay lifted
  • Registration of the Deeds vacated from the Land Register