Hong Kong Case Law: Decisions & Judgments

Topic

Re-registration of judgments

Legal area

Court

17 Jan 2017

SI TOU CHOI KAM v. WEALTH CREDIT LTD

Citation

SI TOU CHOI KAM v. WEALTH CREDIT LTD
Court

District Court
Case number

DCMP537/2016

Prior to registration of the HCMP 3339 declaration the defendant legitimately relied on public land search showing Cheung as joint tenant and beneficial owner; the charging orders obtained and registered in 2009 are valid and their priority is determined by their registration dates; failure to re-register affects priority vis-à-vis subsequently registered interests (the declaration registered 28 January 2016) but does not invalidate the earlier charging orders; the plaintiff failed to comply with Order 15 r13A procedural requirements and cannot displace the charges; therefore the originating…
27 Jun 2011

THE INCORPORATED OWNERS OF CENTURY CENTRE v. BANK OF CHINA (HONG KONG) LTD AND ANOTHER

Citation

THE INCORPORATED OWNERS OF CENTURY CENTRE v. BANK OF CHINA (HONG KONG) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP166/2011

Re-registration under s17 and the effect given by s18 must be read with s3: a prior duly registered charging order retains its priority over later registered charges even if five years elapse provided the chargee re-registers in accordance with s17; the legislature intended registration to give certainty of priority and not to permit lapse and re-registration to alter antecedent priorities (following Beavan v The Earl of Oxford and Shaw v Neale).
3 Jan 1991

FUNG KWONG TAI TSO AND OTHERS v. KWOK YIU WING AND ANOTHER

Citation

FUNG KWONG TAI TSO AND OTHERS v. KWOK YIU WING AND ANOTHER
Court

Court of First Instance
Case number

HCMP1494/1990

The court found the risk of litigation arising from the 6 February 1925 Prohibitory Order to be fanciful rather than real and, applying the requirement that the vendor satisfy the court beyond reasonable doubt that any blot may safely be ignored, declared that the purchasers were not entitled to object to the title solely by reason of that Prohibitory Order.

Hong Kong Case Law

SI TOU CHOI KAM v. WEALTH CREDIT LTD

THE INCORPORATED OWNERS OF CENTURY CENTRE v. BANK OF CHINA (HONG KONG) LTD AND ANOTHER

FUNG KWONG TAI TSO AND OTHERS v. KWOK YIU WING AND ANOTHER