EDMUND W.H. CHOW & CO., A FIRM AND ANOTHER v. THE LAND REGISTRAR

EDMUND W.H. CHOW & CO., A FIRM AND ANOTHER v. THE LAND REGISTRAR

The Land Registrar acted ultra vires by withholding registration on the basis of a title doubt; 'accurately' in reg 13 means the memorial must faithfully reflect what the lodged instrument states on its face and does not permit the Registrar to investigate or determine title or the legal effect of an instrument; therefore the withheld assignment and mortgage documents had to be registered and the Registrar's letters quashed; the solicitors lacked standing but the purchaser succeeded.

Citation
[2023] HKCFI 1269
Parties
1st Applicant: EDMUND W.H. CHOW & CO.; 2nd Applicant: CHIU CHING KI; Putative Respondent: THE LAND REGISTRAR; 1st Putative Interested Party: HUI WING BIU; 2nd Putative Interested Party: DAH SING BANK, LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2023
Case Number
HCAL450/2023
Procedural Posture
Judicial Review / Decision (court of First Instance)
Outcome
2nd Applicant succeeds; 1st Applicant dismissed for want of standing
Legal Topics
Registration of Instruments, Obligation of Land Registrar Under S23 LRO, Meaning of Accuracy Under Reg 13 LRR, Withholding Registration on Title Doubts, Standing, Mandamus, Certiorari
Source Language
EN
Land Registration Administrative Law Conveyancing Constitutional Law Registration of Instruments Obligation of Land Registrar Under S23 LRO Meaning of Accuracy Under Reg 13 LRR Withholding Registration on Title Doubts +3 more

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Parties

EDMUND W.H. CHOW & CO.

1st Applicant

CHIU CHING KI

2nd Applicant

THE LAND REGISTRAR

Putative Respondent

HUI WING BIU

1st Putative Interested Party

DAH SING BANK, LIMITED

2nd Putative Interested Party

Procedural Posture

Judicial Review / Decision (court of First Instance)

Legal Issues

  1. 1 Whether the Land Registrar may withhold registration of an assignment on the basis of a doubt as to the vendor's capacity/authority (i.e. title)
  2. 2 How to construe 'accurately' in regulation 13 of the Land Registration Regulations (Cap 128A)
  3. 3 Whether the Registrar's withholding was ultra vires of s23 LRO

Ratio Decidendi

The Land Registrar acted ultra vires by withholding registration on the basis of a title doubt; 'accurately' in reg 13 means the memorial must faithfully reflect what the lodged instrument states on its face and does not permit the Registrar to investigate or determine title or the legal effect of an instrument; therefore the withheld assignment and mortgage documents had to be registered and the Registrar's letters quashed; the solicitors lacked standing but the purchaser succeeded.

Court Disposition

2nd Applicant succeeds; 1st Applicant dismissed for want of standing

Orders

  • Declaration that the Land Registrar's decisions in letters dated 29/11/2022 and 17/2/2023 refusing registration of the Assignment (Memorial No. 22032901490087) and Mortgage Documents (Memorial No. 22032901490093) were invalid as made in breach of s23 LRO
  • Order of certiorari quashing the decisions contained in the 29/11/22 and 17/2/23 letters