YEUNG TSZ YING v. SHEN FRIEDA TONG AND OTHERS

YEUNG TSZ YING v. SHEN FRIEDA TONG AND OTHERS

The court was not satisfied that the action was not instituted or prosecuted bona fide or that there was dilatoriness; the allegations of fraud and conspiracy raised factual issues for trial and could not be decided summarily to justify vacating the lis pendens under section 19; therefore the application to vacate the lis pendens was dismissed and the lis pendens remains registered.

Citation
YEUNG TSZ YING v. SHEN FRIEDA TONG AND OTHERS
Parties
Plaintiff: Ms Yeung; 1st Defendant: Madam Tong; 2nd Defendant: 2nd Defendant (company); 3rd Defendant: 3rd Defendant (company); 4th Defendant: U CHUN LIT also known as PATRICK LAU; 5th Defendant: 5th Defendant (company)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2012
Case Number
HCA428/2012
Procedural Posture
Civil Property Dispute: Lis Pendens, Specific Performance and Injunctions / Interlocutory Application in Chambers to Vacate Lis Pendens (application Dismissed)
Outcome
Application dismissed; lis pendens remains registered
Legal Topics
Lis Pendens, Vacation of Lis Pendens, Specific Performance, Misrepresentation, Injunctions, Costs
Source Language
EN
Land Law Contract Civil Procedure Equity Lis Pendens Vacation of Lis Pendens Specific Performance Misrepresentation +2 more

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Parties

Ms Yeung

Plaintiff

Madam Tong

1st Defendant

2nd Defendant (company)

2nd Defendant

3rd Defendant (company)

3rd Defendant

U CHUN LIT also known as PATRICK LAU

4th Defendant

5th Defendant (company)

5th Defendant

Procedural Posture

Civil Property Dispute: Lis Pendens, Specific Performance and Injunctions / Interlocutory Application in Chambers to Vacate Lis Pendens (application Dismissed)

Legal Issues

  1. 1 Whether the lis pendens should be vacated under section 19 Land Registration Ordinance
  2. 2 Whether the litigation was instituted or prosecuted bona fide or was dilatory
  3. 3 Whether the court may decide allegations of fraud/conspiracy summarily when considering vacating lis pendens

Ratio Decidendi

The court was not satisfied that the action was not instituted or prosecuted bona fide or that there was dilatoriness; the allegations of fraud and conspiracy raised factual issues for trial and could not be decided summarily to justify vacating the lis pendens under section 19; therefore the application to vacate the lis pendens was dismissed and the lis pendens remains registered.

Court Disposition

Application dismissed; lis pendens remains registered

Orders

  • Application dismissed
  • On a nisi basis costs to follow the event and be borne by Madam Tong, summarily assessed and allowed at HKD 90000