Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Registration and discharge of memorandum of charge
  • 21 Dec 2009

    THE INCORPORATED OWNERS OF YUE TIN COURT v. LIU HUA AND ZHOU LIMIN

    Citation
    THE INCORPORATED OWNERS OF YUE TIN COURT v. LIU HUA AND ZHOU LIMIN
    Court
    District Court
    Case number
    DCCJ6155/2006

    Plaintiff's claim was dismissed because the demand basis was incorrect (contributions were calculated excluding Housing Authority undivided shares contrary to DMC/BMO and demand letters failed to comply with Clause 6(f)), the Incorporated Owners therefore were not entitled to register the Memoranda of Charge; the Defendants' counterclaim succeeds and the notices are null and void; issues as to the Code of Practice did not affect owners' liability absent rescission but did not validate the defective registration and defective demands.

    • Tender process and code of practice
    • Contributions under deed of mutual covenant
    • Registration and discharge of memorandum of charge
    • Interest on late payment
    • Voidable versus void contracts
    • Jurisdictional limit (small claims tribunal)