馬寶道華禮大廈業主立案法團 對 徐明全

馬寶道華禮大廈業主立案法團 對 徐明全

The appeal was dismissed because the Land Tribunal had adjudicated the defendant liable and ordered costs which were assessed; the absolute charging order was registered; the plaintiff provided detailed and supported calculations showing the outstanding debt exceeded the 400,000 HKD deposit; and there was no...

Source-derived case information.

Citation
[2026] HKDC 699
Parties
Plaintiff: THE INCORPORATED OWNERS OF WAH LAI MANSION MARBLE ROAD; Defendant: HSU MING CHUEN (徐明全)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 April 2026
Case Number
DCMP2651/2021
Procedural Posture
Sale of Charged Property; Enforcement of Charging Order / Appeal From Registrar's Refusal (hearing De Novo)
Outcome
Appeal dismissed; sale order remains in force.
Legal Topics
Charging Order, Writ of Possession, Sale Order, Costs Assessment, Appeal De Novo
Source Language
ch
Property Law Civil Procedure Land Registration Enforcement of Judgments Charging Order Writ of Possession Sale Order Costs Assessment +1 more

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Parties

THE INCORPORATED OWNERS OF WAH LAI MANSION MARBLE ROAD

Plaintiff

HSU MING CHUEN (徐明全)

Defendant

Procedural Posture

Sale of Charged Property; Enforcement of Charging Order / Appeal From Registrar's Refusal (hearing De Novo)

  1. 1 Whether the sale order made pursuant to the registered charging order should be set aside
  2. 2 Whether the defendant is liable for the Land Tribunal costs and related sums
  3. 3 Whether the 400,000 HKD security fully discharged the defendant's liabilities

Ratio Decidendi

The appeal was dismissed because the Land Tribunal had adjudicated the defendant liable and ordered costs which were assessed; the absolute charging order was registered; the plaintiff provided detailed and supported calculations showing the outstanding debt exceeded the 400,000 HKD deposit; and there was no convincing evidence or lawful basis to set aside the sale order.

Court Disposition

Appeal dismissed; sale order remains in force.

Orders

  • Appeal dismissed. Defendant to pay plaintiff's costs of this appeal assessed at HKD10000.