Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discharge of memorandum of charge

Legal area

Court

9 Jun 2000

RE Maxgrade Ltd of Block D, 2nd Floor, No. 48 Kennedy Road, Monticello, Hong Kong (20th of 2531 Parts or Shares of and in Inland Lot No. 7978)

Citation

RE Maxgrade Ltd of Block D, 2nd Floor, No. 48 Kennedy Road, Monticello, Hong Kong (20th of 2531 Parts or Shares of and in Inland Lot No. 7978)
Court

Court of First Instance
Case number

HCMP2297/2000

Where chargees were not served or notified and there existed a bona fide dispute over entitlement to charges, the court will not make ex parte orders discharging a registered Memorandum of Charge; the proper course is to adjourn for service and to permit amendment as appropriate.
9 Jun 2000

RE Tsang Mei Heung Debbie of 10th Floor, Ascot Villas No. 11 King Kwong Street, Hong Kong (10th of 150 Parts or Shares of and in Inland Lot No. 5377)

Citation

RE Tsang Mei Heung Debbie of 10th Floor, Ascot Villas No. 11 King Kwong Street, Hong Kong (10th of 150 Parts or Shares of and in Inland Lot No. 5377)
Court

Court of First Instance
Case number

HCMP2295/2000

The court refused to make ex parte orders to discharge the Memoranda of Charge in the absence of service on the chargees and adjourned the applications for service; an amendment of the originating summons in MP2295/2000 was permitted as sought.