31 Jan 2008
TREASURE SPOT FINANCE CO LTD v. WAN SHUI SHEK AND ANOTHER
- Citation
- TREASURE SPOT FINANCE CO LTD v. WAN SHUI SHEK AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1219/2007
The court held that the Provisional Agreement was ineffective and void because it was entered into and registered after the registered building mortgage and in breach of both the building licence (which prohibited assignment without District Lands Officer consent) and the building mortgage (which prohibited disposition without the mortgagee's prior written consent); accordingly the registered mortgage prevails and the registration of the Provisional Agreement must be vacated.