MAK KA HING v. PANG MING CHUNG AND OTHERS

MAK KA HING v. PANG MING CHUNG AND OTHERS

The applicants demonstrated an arguable case of beneficial ownership by resulting trust arising from their contributions and discharge of loans; that equitable interest likely arose by operation of law and is an unwritten interest not registrable, and on balance of prejudice, stage and delay it was just and convenient to order their joinder subject to protective conditions (indemnity for loss of interest and undertakings).

Citation
MAK KA HING v. PANG MING CHUNG AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: Pang; 2nd Defendant: Gui; Applicant / Proposed 3rd Defendant: 1st Applicant; Applicant / Proposed 4th Defendant: 2nd Applicant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 February 2005
Case Number
HCMP1943/2004
Procedural Posture
Application for Joinder in Proceedings Concerning Charging Order and Order for Sale / Hearing in Chambers on Joinder Application After Charging Order Made Absolute and Application for Sale Pending
Outcome
Application to join granted with conditions
Legal Topics
Charging Order, Order for Sale, Resulting Trust, Joinder of Parties, Registrability of Equitable Interests, Mareva Injunction, Garnishee Orders
Source Language
EN
Property Law Equity Civil Procedure Trusts Law Land Registration Charging Order Order for Sale Resulting Trust +4 more

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Parties

Plaintiff

Plaintiff

Pang

1st Defendant

Gui

2nd Defendant

1st Applicant

Applicant / Proposed 3rd Defendant

2nd Applicant

Applicant / Proposed 4th Defendant

Procedural Posture

Application for Joinder in Proceedings Concerning Charging Order and Order for Sale / Hearing in Chambers on Joinder Application After Charging Order Made Absolute and Application for Sale Pending

Legal Issues

  1. 1 Whether the applicants have an arguable equitable interest in the property
  2. 2 Whether the Settlement Agreement created an interest in land or merely a monetary claim
  3. 3 Whether any equitable interest is registrable under the Land Registration Ordinance

Ratio Decidendi

The applicants demonstrated an arguable case of beneficial ownership by resulting trust arising from their contributions and discharge of loans; that equitable interest likely arose by operation of law and is an unwritten interest not registrable, and on balance of prejudice, stage and delay it was just and convenient to order their joinder subject to protective conditions (indemnity for loss of interest and undertakings).

Court Disposition

Application to join granted with conditions

Orders

  • 1st and 2nd Applicants to be joined as 3rd and 4th Defendants respectively
  • Applicants to undertake within 14 days to indemnify Plaintiff jointly and severally for loss of interest at judgment rate on proceeds of sale from 4 October 2004 until actual date of order for sale; if wholly unsuccessful indemnity applies in full; if successful or partially successful indemnity reduced...