Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mandamus/judicial review against registrar
  • 23 Dec 1985

    SUN HUNG KAI BANK LTD v. ATTORNEY GENERAL

    Citation
    SUN HUNG KAI BANK LTD v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV66/1985

    The Court allowed the Registrar's appeal because the letters submitted did not constitute sufficient instruments nor did they supply the prescribed particulars within the statutory period; the applicant bears the burden of delivering clear particulars and the Registrar is not required to infer or search ambiguous materials to identify the charge, so the mandamus ordering registration was set aside.

    • Registration of charges
    • Equitable mortgage by deposit
    • Prescribed particulars (form iv)
    • Statutory time limits for registration
    • Mandamus/judicial review against registrar
    • Construction of 'instrument'