Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Extinguishment of equitable interests
  • 17 May 2011

    SHIH CHING YANG v. TSOI ON PONG AND OTHERS

    Citation
    SHIH CHING YANG v. TSOI ON PONG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1551/2010

    The court held that the Plaintiff's equitable purchaser's lien was extinguished: first, by the Cancellation Agreement which evidenced the parties' clear intention to replace the lien with a legal charge and compensation; alternatively, the HC Consent Order, being a full and final settlement entered by consent and made an order of the court, operated to merge and extinguish the original cause of action and the lien; accordingly the Plaintiff's originating summons was dismissed and the 3rd to 5th defendants were entitled to payment out of the funds in court in their established priority, the ch…