8 Aug 2022
ASPAROUH IANEV DIMITROV as administrator of the estate of KALOIAN IANEV DIMITROV (Deceased) v. DOMINIC TAK MING LAU also known as LAU TAK MING AND ANOTHER
- Citation
- [2022] HKCA 1146
- Court
- Court of Appeal
- Case number
- CACV568/2020
The Court held that the Charging Order registered as a nisi on 23 November 2017 had priority over the Assignment registered on 19 January 2018 by operation of ss 3(1) and 5A of the LRO and the relation back principle; an alleged oral gift of land was ineffective without the statutory deed formalities and the 2nd Defendant failed to prove any proprietary or promissory estoppel on the evidence before the judge; the judge did not err in deciding disputed facts on affidavit evidence where parties had agreed a paper determination; and the order for sale was a proper exercise of discretion.