HEUNG YUK HAN v. WINNIE CHOI AND ANOTHER

HEUNG YUK HAN v. WINNIE CHOI AND ANOTHER

Because the plaintiff's pleaded cause of action is purely contractual and she accepted the defendant's repudiation, she no longer had a proprietary interest in the property capable of supporting registration under the Land Registration Ordinance; therefore the lis pendens and writ were not properly registrable and the application to vacate them upon payment into court succeeded.

Citation
HEUNG YUK HAN v. WINNIE CHOI AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant (D1); 2nd Defendant: 2nd Defendant (D2)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2008
Case Number
HCA2088/2008
Procedural Posture
Civil Contract; Application to Vacate Registration of Lis Pendens / Interlocutory Chambers Application (hearing and Decision)
Outcome
Application granted. Registration of lis pendens and writ of summons vacated upon payment-into-court of $1.6 million.
Legal Topics
Lis Pendens, Registration, Breach of Contract, Repudiation, Resulting Trust, Constructive Trust, Vacation of Writ
Source Language
EN
Property Contract Equity Civil Procedure Lis Pendens Registration Breach of Contract Repudiation +3 more

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Parties

Plaintiff

Plaintiff

1st Defendant (D1)

1st Defendant

2nd Defendant (D2)

2nd Defendant

Procedural Posture

Civil Contract; Application to Vacate Registration of Lis Pendens / Interlocutory Chambers Application (hearing and Decision)

Legal Issues

  1. 1 Whether the court documents (writ of summons and lis pendens) were registrable under the Land Registration Ordinance
  2. 2 Effect of the plaintiff's acceptance of repudiation on any proprietary claim to the property
  3. 3 Whether a resulting or constructive trust can be implied from the facts

Ratio Decidendi

Because the plaintiff's pleaded cause of action is purely contractual and she accepted the defendant's repudiation, she no longer had a proprietary interest in the property capable of supporting registration under the Land Registration Ordinance; therefore the lis pendens and writ were not properly registrable and the application to vacate them upon payment into court succeeded.

Court Disposition

Application granted. Registration of lis pendens and writ of summons vacated upon payment-into-court of $1.6 million.

Orders

  • Registration of the lis pendens and writ of summons vacated upon payment-into-court of HK$1,600,000 by the 2nd defendant