TANG MIU WAN v. SUPER KING INTERNATIONAL LTD AND OTHERS

TANG MIU WAN v. SUPER KING INTERNATIONAL LTD AND OTHERS

The court found that on the assignment the legal interest passed to the Applicants and the vendor retained no beneficial interest in the Blue Portion nor was the Blue Portion held by the Applicants on trust for the vendor because the vendor only had a conditional undertaking to seek division from the District Lands...

Source-derived case information.

Citation
TANG MIU WAN v. SUPER KING INTERNATIONAL LTD AND OTHERS
Parties
Plaintiff: Tang Miu Wan; 1st Defendant: Super King International Limited; 2nd Defendant: Chan Wai Fan; 2nd Defendant: Cheung Chan Keung; 3rd Defendant: Lui Wai Kuen; 4th Defendant: Lui Chi Lung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2006
Case Number
DCCJ1935/2004
Procedural Posture
Civil Action Charging Order / Application to Discharge Charging Order (hearing and Decision)
Outcome
Charging Order in respect of the Blue Portion discharged; costs to be borne by the 1st Defendant; no personal liability ordered against solicitors RCKYC
Legal Topics
Charging Order, Beneficial Interest in Land, Trusts, Specific Performance, Costs
Source Language
en
Civil Procedure Property Law Trusts and Equitable Remedies Charging Order Beneficial Interest in Land Trusts Specific Performance Costs

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Parties

Tang Miu Wan

Plaintiff

Super King International Limited

1st Defendant

Chan Wai Fan

2nd Defendant

Cheung Chan Keung

2nd Defendant

Lui Wai Kuen

3rd Defendant

Lui Chi Lung

4th Defendant

Procedural Posture

Civil Action Charging Order / Application to Discharge Charging Order (hearing and Decision)

Legal Issues

  1. 1 Whether the Blue Portion is capable of being charged under section 52AA of the District Court Ordinance
  2. 2 Whether the judgment debtor retained a beneficial interest in the Blue Portion after assignment
  3. 3 Whether the Applicants hold the Blue Portion on trust for the judgment debtor

Ratio Decidendi

The court found that on the assignment the legal interest passed to the Applicants and the vendor retained no beneficial interest in the Blue Portion nor was the Blue Portion held by the Applicants on trust for the vendor because the vendor only had a conditional undertaking to seek division from the District Lands Office; consequently the Blue Portion was not a chargeable interest under s.52AA and the Charging Order was discharged.

Court Disposition

Charging Order in respect of the Blue Portion discharged; costs to be borne by the 1st Defendant; no personal liability ordered against solicitors RCKYC

Orders

  • Charging Order Absolute in respect of the Blue Portion discharged
  • Costs of this discharge application to be borne by the 1st Defendant; order nisi that costs of this application for the Plaintiff and the Applicants be borne by the 1st Defendant with certificates for counsel to be taxed if not agreed; order nisi to be absolute after 14 days