29 Jan 2003
SINO BILLION LTD. v. LAM CHOK WAI
- Citation
- SINO BILLION LTD. v. LAM CHOK WAI
- Court
- Court of First Instance
- Case number
- HCA3185/2001
A charging order creates only an equitable charge and does not by itself vest proprietary title or authorize the chargee to convey the debtor's interest; the order for sale in this case did not expressly appoint the chargee to convey under section 51 nor was there a vesting order under section 48 or a s25A conveyance order, and section 52 CPO does not apply because the sale was not a sale under a mortgage—therefore Win Source and Winland acquired no proprietary interest, lacked locus, and the charging orders and orders for sale obtained by collusion were set aside.