LUK CHI KIN v. CELEBRITY CREDIT LTD AND ANOTHER

LUK CHI KIN v. CELEBRITY CREDIT LTD AND ANOTHER

The original sealed Writ was a monetary claim not asserting any proprietary interest in the jointly owned properties and therefore did not affect land for the purposes of section 19; the defendants' unverified assertions and correspondence did not negate the continued presence of the Writ on the register, so the court ordered the registration of the Writ vacated and awarded costs to the plaintiff.

Citation
LUK CHI KIN v. CELEBRITY CREDIT LTD AND ANOTHER
Parties
Plaintiff: LUK CHI KIN; 1st Defendant: CELEBRITY CREDIT LIMITED; 2nd Defendant: WEALTHY GLOBAL HOLDINGS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 September 2017
Case Number
HCMP1309/2017
Procedural Posture
Application Under Section 19 Land Registration Ordinance (lis Pendens) / Chambers Hearing and Judgment on Originating Summons
Outcome
Application granted
Legal Topics
Lis Pendens, Vacation of Registration, Legal Charge, Originating Summons, Costs Assessment
Source Language
EN
Property Law Civil Procedure Land Registration Lis Pendens Vacation of Registration Legal Charge Originating Summons Costs Assessment

Case Brief

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Parties

LUK CHI KIN

Plaintiff

CELEBRITY CREDIT LIMITED

1st Defendant

WEALTHY GLOBAL HOLDINGS LIMITED

2nd Defendant

Procedural Posture

Application Under Section 19 Land Registration Ordinance (lis Pendens) / Chambers Hearing and Judgment on Originating Summons

Legal Issues

  1. 1 Whether the original Writ asserted a claim affecting land and was registrable under section 19
  2. 2 Whether the application was academic given the defendants' alleged steps to withdraw the Writ
  3. 3 Whether a hearing was unnecessary

Ratio Decidendi

The original sealed Writ was a monetary claim not asserting any proprietary interest in the jointly owned properties and therefore did not affect land for the purposes of section 19; the defendants' unverified assertions and correspondence did not negate the continued presence of the Writ on the register, so the court ordered the registration of the Writ vacated and awarded costs to the plaintiff.

Court Disposition

Application granted

Orders

  • Order vacating the registration of the sealed copy Writ of Summons (Memorial No 17050400700032) listed as pending registration against the three properties under section 19 Land Registration Ordinance
  • Defendants to pay the plaintiff's costs of the Originating Summons and the hearing on a party-and-party basis assessed at HK$42,000