KWAN SEC WAH v. MEI FUNG CO LTD AND OTHERS

KWAN SEC WAH v. MEI FUNG CO LTD AND OTHERS

The writ's general indorsement did not assert any proprietary claim or dispute over ownership or any interest in the land; the injunction claimed is ancillary and does not create a registrable proprietary interest under section 19 of the Land Registration Ordinance; therefore the lis pendens registration was not permissible and must be vacated.

Citation
KWAN SEC WAH v. MEI FUNG CO LTD AND OTHERS
Parties
Plaintiff: Kwan Sec Wah; 1st Defendant/applicant: Mei Fung Company Limited; 2nd Defendant: Chang Tse Liang; 3rd Defendant: Shum Wing Tai; 4th Defendant: Chang Chen Ya
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 1980
Case Number
HCA2747/1980
Procedural Posture
Action (company Dispute; Application Re Lis Pendens/land Registration) / Hearing of Notice of Motion by 1st Defendant to Vacate Lis Pendens; Judgment Delivered
Outcome
Order granted to vacate the registration of lis pendens; judgment for 1st defendant on the notice of motion; ancillary procedural directions given regarding costs and summons.
Legal Topics
Lis Pendens, Injunctions, Mismanagement of Company, Fiduciary Duty, Vacating Registration, Section 19 Land Registration Ordinance
Source Language
EN
Company Law Property Law Land Registration Equity and Trusts Lis Pendens Injunctions Mismanagement of Company Fiduciary Duty +2 more

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Parties

Kwan Sec Wah

Plaintiff

Mei Fung Company Limited

1st Defendant/applicant

Chang Tse Liang

2nd Defendant

Shum Wing Tai

3rd Defendant

Chang Chen Ya

4th Defendant

Procedural Posture

Action (company Dispute; Application Re Lis Pendens/land Registration) / Hearing of Notice of Motion by 1st Defendant to Vacate Lis Pendens; Judgment Delivered

Legal Issues

  1. 1 Whether the writ/general indorsement constituted a registrable action under section 19 of the Land Registration Ordinance
  2. 2 Whether an injunction claimed in the proceedings creates a proprietary interest in land capable of supporting a lis pendens
  3. 3 Whether the lis pendens should be vacated on grounds of bad faith or other good cause

Ratio Decidendi

The writ's general indorsement did not assert any proprietary claim or dispute over ownership or any interest in the land; the injunction claimed is ancillary and does not create a registrable proprietary interest under section 19 of the Land Registration Ordinance; therefore the lis pendens registration was not permissible and must be vacated.

Court Disposition

Order granted to vacate the registration of lis pendens; judgment for 1st defendant on the notice of motion; ancillary procedural directions given regarding costs and summons.

Orders

  • Registration of lis pendens against the property vacated (order in terms of paragraph (i) of the notice of motion)
  • Costs awarded for the 1st defendant against the plaintiff