21 Mar 2019
GAIN HERO FINANCE LTD v. WINLAND FINANCE LTD
- Citation
- [2019] HKCFI 771
- Court
- Court of First Instance
- Case number
- HCMP1980/2017
The Winland Agreement did not create an interest in land registrable under the LRO; it at best created an equitable assignment of future sale proceeds and the deposit of title deeds did not evidence an agreement to create an immediate equitable charge over the Property; the Charging Order Absolute created a charge on the debtor's beneficial interest in the Property and therefore Gain Hero's charge has priority over Winland's unregistrable interest; registration of the Winland Agreement must be vacated and Winland's counterclaim dismissed.