Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Memorandum of lien
  • 12 Oct 2022

    RICH TREND LTD v. KINGFAIR INTERNATIONAL ENTERPRISE LTD

    Citation
    [2022] HKCFI 3119
    Court
    Court of First Instance
    Case number
    HCMP656/2022

    On the contemporaneous evidence the defendant did not pay the balance and the plaintiff was entitled to forfeit the deposit; any purchaser's equitable lien is in any event time-barred; the Memorandum therefore did not create a registrable interest and the Court exercised its inherent jurisdiction to declare the Memorandum not registrable and ordered its removal; indemnity costs were awarded due to unexplained delay, apparent abuse of the registration system and failure to respond to pre-action correspondence.

    • Memorandum of lien
    • Registrability of interests
    • Inherent jurisdiction to vacate registration
    • Declaratory relief
    • Costs - indemnity
    • Limitation period for equitable liens