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Hong Kong decisions
Decisions matching the current search
The District Court granted a vesting order under s 45 of the Trustee Ordinance for a clubhouse flat, holding the property was beneficially owned by the incorporated society.
The court ordered removal of a locked automated vehicular gate obstructing a right of way, and issued ancillary prohibitory relief. Costs were awarded nisi to the plaintiffs.
The District Court granted a money lender’s judgment, possession and sale of the mortgaged flat after the defendants failed to appear or repay the loan.
The Court of First Instance stayed the summary HCMP and let the main HCA proceed first, citing serious factual disputes over whether the funding was a loan or a family advancement.
The court joined Jean-Marc Peretti as a defendant, refused defendants’ interpleader relief, ordered further disclosure, delivery up to an independent custodian, and payment of proceeds into court.
The application for permission to appeal out of time was dismissed because the defendant failed to file any affidavit explaining the delay or to produce evidence supporting his asserted ground (the mother’s equitable interest); absent such explanation or evidence there was no special reason to extend time and the late application must be refused. Costs were awarded to the plaintiff in the assessed sum of HK$12,000.
Source excerpt
The Court of First Instance refused a mandatory injunction to evict the plaintiff and children, finding a serious issue to try and that the status quo should be preserved.
The court dismissed a request for an interlocutory mandatory injunction to evict the plaintiff and children from the Property, finding a serious issue to be tried and preserving the status quo.
The District Court held that the Properties devolved on a per capita basis, found physical partition impracticable, and refused an order for sale under the Partition Ordinance.
The court vacated a registered lis pendens over the Properties, finding it had expired, the underlying action had not been bona fide prosecuted, and the writ was not registrable as a proprietary claim.
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