9 Nov 2012
NG SHIU WAI v. CHAN, MARGARET KOON YING formerly known as NG MARGARET YING
- Citation
- NG SHIU WAI v. CHAN, MARGARET KOON YING formerly known as NG MARGARET YING
- Court
- Court of First Instance
- Case number
- HCA1707/2010
The court exercised its discretionary power under Order 19 r7 to refuse a unconditional declaration based solely on the pleading where registry evidence contradicted the pleaded facts, but granted limited equitable relief based on the Variation Agreement: an order for sale with vacant possession, inquiries into post-variation incumbrances and sale proceeds of the Australia property, an accounting from 1 July 2005, distribution mechanics and ancillary powers (including execution under s25A High Court Ordinance) and costs to the plaintiff.