Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of charges

Legal area

Court

15 Sept 2025

THE INCORPORATED OWNERS OF THE SEA RANCH v. HOLIDAY RESORTS (H.K.) LTD

Citation

[2025] HKDC 1572
Court

District Court
Case number

DCMP1293/2023

Because the DMC and SDMC were executed contemporaneously and the SDMC expressly created term owners and contemplated assignments of 1/26th portions of the relevant undivided shares, clause 8(a)(i) of the DMC imposed direct liability on term owners for management fees; accordingly the Memoranda of Charge that purported to charge Holiday Resorts as sole owner of the full apartments were invalid and an order for sale was refused.
27 Jan 2017

THE INCORPORATED OWNERS OF KAN OKE v. LEE YIU KEI AND ANOTHER

Citation

THE INCORPORATED OWNERS OF KAN OKE v. LEE YIU KEI AND ANOTHER
Court

Court of First Instance
Case number

HCMP33/2014

The interlocutory applications were dismissed because the defendants failed to raise a serious issue to be tried on the existing orders, there was no appeal and therefore no basis for a stay of execution, the balance of convenience favoured enforcement of the plaintiff’s judgment, and the defendants provided no evidence of abuse of process to justify RAO or RPO.
16 Apr 2004

KEEN LLOYD RESOURCES LTD AND ANOTHER v. SIN HUA BANK LTD AND ANOTHER

Citation

KEEN LLOYD RESOURCES LTD AND ANOTHER v. SIN HUA BANK LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1319/2001

The injunction was discharged because the plaintiffs had materially failed to perform the Memorandum of Agreement (no sales, no rents paid into designated accounts, failure to pay rates, obstructive conduct), thereby changing the circumstances that justified preserving the status quo and permitting the Bank to enforce its securities.

Hong Kong Case Law

THE INCORPORATED OWNERS OF THE SEA RANCH v. HOLIDAY RESORTS (H.K.) LTD

THE INCORPORATED OWNERS OF KAN OKE v. LEE YIU KEI AND ANOTHER

KEEN LLOYD RESOURCES LTD AND ANOTHER v. SIN HUA BANK LTD AND ANOTHER