THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER

THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER

The registrations of lis pendens against the Castle Peak, Station Lane, Lai Chi Kok and Apliu Street properties were improper because the action did not assert title to or a proprietary interest in those lands; the Land Registration Ordinance and common law require that a lis pendens register a claim to land or an interest in land, and where registration is improper the court has inherent jurisdiction to vacate it. The registrations were ordered vacated forthwith.

Citation
THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER
Parties
1st Plaintiff: Thian's Plastics Industrial Company Limited; 2nd Plaintiff: Tin's Enterprises Company Limited; 3rd Plaintiff: Tin Yau Sin; 1st Defendant: Tins' Chemical Industrial Company Limited; 2nd Defendant: Thian Ka Piang alias Tin Ka Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 November 1970
Case Number
HCA773/1969
Procedural Posture
Civil Company Litigation (original Jurisdiction) / Interlocutory Hearing of Notice of Motion to Vacate Registrations of Lis Pendens (hearing of Motion Dated 22 July 1970)
Outcome
Registrations of lis pendens vacated insofar as they affect Castle Peak (Lot 1185 DD131), Station Lane (35 Station Lane), Lai Chi Kok (NKIL 4755 and 4756) and Apliu Street (No.111 Apliu Street) properties; defendants awarded costs to be paid by the 3rd plaintiff personally forthwith upon taxation.
Legal Topics
Lis Pendens, Registration of Lis Pendens, Vacation of Lis Pendens, Directors' Duties, Minority Shareholder Dispute, Ultra Vires, Injunctive Relief, Land Registration
Source Language
EN
Property Law Company Law Equity Civil Procedure Lis Pendens Registration of Lis Pendens Vacation of Lis Pendens Directors' Duties +4 more

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Parties

Thian's Plastics Industrial Company Limited

1st Plaintiff

Tin's Enterprises Company Limited

2nd Plaintiff

Tin Yau Sin

3rd Plaintiff

Tins' Chemical Industrial Company Limited

1st Defendant

Thian Ka Piang alias Tin Ka Ping

2nd Defendant

Procedural Posture

Civil Company Litigation (original Jurisdiction) / Interlocutory Hearing of Notice of Motion to Vacate Registrations of Lis Pendens (hearing of Motion Dated 22 July 1970)

Legal Issues

  1. 1 Whether the writ/registration could properly be registered as a lis pendens against properties of the plaintiff companies when the plaintiff did not assert a claim of title to those properties
  2. 2 Whether the court has statutory and inherent jurisdiction to vacate a lis pendens registration
  3. 3 Whether the registration was made and maintained bona fide or as an improper device to immobilise company assets and gain tactical advantage

Ratio Decidendi

The registrations of lis pendens against the Castle Peak, Station Lane, Lai Chi Kok and Apliu Street properties were improper because the action did not assert title to or a proprietary interest in those lands; the Land Registration Ordinance and common law require that a lis pendens register a claim to land or an interest in land, and where registration is improper the court has inherent jurisdiction to vacate it. The registrations were ordered vacated forthwith.

Court Disposition

Registrations of lis pendens vacated insofar as they affect Castle Peak (Lot 1185 DD131), Station Lane (35 Station Lane), Lai Chi Kok (NKIL 4755 and 4756) and Apliu Street (No.111 Apliu Street) properties; defendants awarded costs to be paid by the 3rd plaintiff personally forthwith upon taxation.

Orders

  • Registration of lis pendens vacated as to Castle Peak property (Lot 1185 in D.D. 131)
  • Registration of lis pendens vacated as to Station Lane property (35 Station Lane, 3rd floor)