Hong Kong Case Law: Decisions & Judgments

Topic

Purchaser's lien

Legal area

Court

17 Jan 2024

YUEN KWOK LEUNG ERIC AND ANOTHER v. THE PERSONAL REPRESENTATIVE OF MING CHOR PAO, DECEASED

Citation

[2024] HKCFI 174
Court

Court of First Instance
Case number

HCMP262/2022

The court ordered sale because the 2019 Judgment conclusively established the plaintiffs' purchaser's lien, the Estate had not paid the sums due, no court had ordered a stay of execution pending appeal, the appellant advanced no arguable defence or triable issue, and summary disposal under Order 28 r4 was therefore appropriate; accordingly an order of sale with a 56‑day repayment window was granted and detailed sale and distribution directions were given.
11 Jul 2019

HKMC MORTGAGE MANAGEMENT LTD v. TSE WING IP AND OTHERS

Citation

[2019] HKCFI 1721
Court

Court of First Instance
Case number

HCMP348/2014

The court held that a purchaser's equitable lien is an equitable remedy intended to do justice between the parties and is not in principle confined to securing the deposit; accordingly, a purchaser's equitable lien may be granted to cover damages for loss of profits if the court finds it just in all the circumstances, and the claim should not be struck out solely on the basis that damages are sought.
5 Feb 2016

TANG CHI WAI v. LAI YIK TING

Citation

TANG CHI WAI v. LAI YIK TING
Court

District Court
Case number

DCCJ3844/2013

Defendant failed to prove good title prior to the agreed completion date because the 1st and 2nd requisitions were not answered satisfactorily; the risk of enforcement was not remote or fanciful; therefore summary judgment is warranted: plaintiff entitled to repayment of deposits with interest, damages to be assessed, and an equitable lien over the property as security.
15 Jul 2015

L Y GROUP DEVELOPMENT LTD v. EAST CANTON LTD AND ANOTHER

Citation

L Y GROUP DEVELOPMENT LTD v. EAST CANTON LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1428/2014

On the pleaded facts taken in the plaintiff's favour the deposits created an arguable equitable purchaser's lien over the Shares of Century Peace constituting an equitable charge; the holder of such a charge is entitled to preservation of its security and it is at least arguable that this jurisdiction can be exercised against third parties over whom the debtor has control where disposal would destroy the essence of the security; accordingly the interlocutory striking out applications against the 2nd Defendant failed and the plaintiff's amendment to join Century Peace was allowed, while the li…
12 Dec 2014

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS

Citation

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS
Court

Court of Appeal
Case number

CACV101/2014

Security for costs was ordered because appellants lacked readily available assets to meet potential costs orders (funds paid into court disregarded; alleged deposit of $750,000 not readily recoverable; Chi On Court property and WF Forest assets were heavily encumbered and enforcement would be costly and uncertain) and the merits of the appeals did not strongly countervail against ordering security.
12 Mar 2014

PERFECT SHARE (HOLDINGS) LTD v. MEDIPRO INTERNATIONAL LTD AND ANOTHER

Citation

PERFECT SHARE (HOLDINGS) LTD v. MEDIPRO INTERNATIONAL LTD AND ANOTHER
Court

District Court
Case number

DCCJ2674/2012

On construction of the written Contract together with annex.1 and contemporaneous documents the subject matter was EXILIS brand RF/Ultrasound machines; the defendants breached by failing to deliver those machines and the plaintiff is entitled to judgment for return of the $1,000,000 deposit with interest; the purchaser's lien principles for land do not apply to the Demo Machine on loan, so the plaintiff must return it.
13 May 2013

ASIA WAY INTERNATIONAL INVESTMENTS LTD v. HUNG KIN PING AND ANOTHER

Citation

ASIA WAY INTERNATIONAL INVESTMENTS LTD v. HUNG KIN PING AND ANOTHER
Court

District Court
Case number

DCCJ3911/2011

The vendors failed to show and prove a good title because the Architect's Certificate did not address drainage works and other consequential works arising from the 1987 partitioning and expressly relied only on section 41(3) (non-structural works) which does not cover drainage; therefore a reasonable doubt persisted as to works affecting structure or requiring approval and potential enforcement or continuing breaches of the DMC, and the vendors' responses were insufficient to dispel that doubt. The Cancellation Agreement requisition was however sufficiently answered.
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…
17 Dec 2010

SMART MAX ENTERPRISE LTD v. SPEEDY WAY LTD

Citation

SMART MAX ENTERPRISE LTD v. SPEEDY WAY LTD
Court

Court of First Instance
Case number

HCA665/2007

The vendor failed to prove due execution of the assignment and thereby failed to show good title before completion; the plaintiff's 7 February letter expressly reserved the requisitions while extending time to answer, which at most waived the right to terminate for prior delay but did not waive the requisitions themselves; mere prior silence did not constitute waiver; therefore plaintiff validly rescinded, is entitled to return of deposits and agreed damages and has a lien on the property; defendant's forfeiture and counterclaim fail.
16 Apr 2010

YUEN YUNG FAI AND ANOTHER v. HUI TIN FOOK, DAVID

Citation

YUEN YUNG FAI AND ANOTHER v. HUI TIN FOOK, DAVID
Court

Court of First Instance
Case number

HCA1662/2008

On the balance of probabilities the court preferred the defendant's and his clerk's evidence that the solicitor did not give the alleged advice; the plaintiffs therefore failed to prove negligence and causation and their claim was dismissed.