LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS

LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS

The court found there is a triable issue as to the execution of the disputed deed and admitted the deed into evidence on receipt of a solicitor’s undertaking to stamp it, but dismissed the plaintiff’s application for interlocutory injunctions because the plaintiff failed to provide adequate fortified cross-undertakings in damages and the balance of convenience did not support the injunctions; the receiver application was dismissed and the defendants’ application to vacate lis pendens was dismissed with costs orders nisi made.

Citation
LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS
Parties
Plaintiff (original Action) / Defendant (counterclaim): LAU KING TING KATIE; Defendant (original Action) / Plaintiff (counterclaim): CHENG MIU HAR STELLA; Defendant (original Action) / Plaintiff (counterclaim): LAU AND COMPANY (HOLDINGS) LTD.; Defendant (original Action) / Plaintiff (counterclaim): PAK MIU INVESTMENT CO. LTD.; Defendant (original Action) / Plaintiff (counterclaim): LAU AND CHENG INVESTMENT LTD.; Defendant (original Action) / Plaintiff (counterclaim): FORTUNE CONCEPT GROUP LTD.; Defendant (counterclaim): LAU PAK CHAI, EDMUND
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2008
Case Number
HCA1049/2007
Procedural Posture
Company and Trust Dispute (interlocutory Injunctions, Lis Pendens) / Chambers Hearing on Interim Summonses (application for Interlocutory Relief) Judgment
Outcome
Plaintiff's summons dated 15 June 2007 for injunctions dismissed; receiver application dismissed; Defendants' summons dated 20 July 2007 to vacate lis pendens dismissed; lis pendens registrations upheld; costs orders nisi made in favour of 1st Defendant (summons 15 June) and in favour of Plaintiff (lis pendens)...
Legal Topics
Interlocutory Injunction, Lis Pendens, Voluntary Liquidation, Receiver Appointment, Admissibility of Unstamped Instruments, Cross Undertaking in Damages, Forensic Document Examination
Source Language
EN
Company Law Trusts and Equity Civil Procedure Land Registration Evidence Law Injunctions Interlocutory Injunction Lis Pendens +5 more

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Parties

LAU KING TING KATIE

Plaintiff (original Action) / Defendant (counterclaim)

CHENG MIU HAR STELLA

Defendant (original Action) / Plaintiff (counterclaim)

LAU AND COMPANY (HOLDINGS) LTD.

Defendant (original Action) / Plaintiff (counterclaim)

PAK MIU INVESTMENT CO. LTD.

Defendant (original Action) / Plaintiff (counterclaim)

LAU AND CHENG INVESTMENT LTD.

Defendant (original Action) / Plaintiff (counterclaim)

FORTUNE CONCEPT GROUP LTD.

Defendant (original Action) / Plaintiff (counterclaim)

LAU PAK CHAI, EDMUND

Defendant (counterclaim)

Procedural Posture

Company and Trust Dispute (interlocutory Injunctions, Lis Pendens) / Chambers Hearing on Interim Summonses (application for Interlocutory Relief) Judgment

Legal Issues

  1. 1 Whether there is a triable issue as to execution/authenticity of the disputed deed of trust
  2. 2 Whether an unstamped instrument can be admitted under Stamp Duty Ordinance s15(1A)
  3. 3 Whether court can grant injunctions restraining disposal of company property where plaintiff lacks direct proprietary interest

Ratio Decidendi

The court found there is a triable issue as to the execution of the disputed deed and admitted the deed into evidence on receipt of a solicitor’s undertaking to stamp it, but dismissed the plaintiff’s application for interlocutory injunctions because the plaintiff failed to provide adequate fortified cross-undertakings in damages and the balance of convenience did not support the injunctions; the receiver application was dismissed and the defendants’ application to vacate lis pendens was dismissed with costs orders nisi made.

Court Disposition

Plaintiff's summons dated 15 June 2007 for injunctions dismissed; receiver application dismissed; Defendants' summons dated 20 July 2007 to vacate lis pendens dismissed; lis pendens registrations upheld; costs orders nisi made in favour of 1st Defendant (summons 15 June) and in favour of Plaintiff (lis pendens)...

Orders

  • Dismissed plaintiff's summons dated 15 June 2007 (interlocutory injunctions)
  • Dismissed application to appoint a receiver over the companies