11 Feb 2022
WINLAND FINANCE LTD v. GAIN HERO FINANCE LTD
- Citation
- [2022] HKCFA 3
- Court
- Court of Final Appeal
- Case number
- FACV5/2021
The charging order created a registrable equitable charge affecting Tang's beneficial interest in the land and accordingly was an encumbrance on the property that must be discharged from sale proceeds before any entitlement of Winland as assignee of future proceeds; because Winland's assignment did not create any interest in the land and was not registrable, it could not take priority over the later charging order, and the appeal was dismissed.