Hong Kong Case Law: Decisions & Judgments

Topic

Registration of interests

Legal area

Court

27 Apr 2021

WINLAND FINANCE LTD v. GAIN HERO FINANCE LTD

Citation

[2021] HKCA 576
Court

Court of Appeal
Case number

CACV186/2019

The Court of Appeal upheld the judge: the WF Loan Agreement only assigned rights to future sale proceeds (not an interest in the land), delivery of title deeds did not create an equitable mortgage given the agreement's terms, and GH's Charging Order created a proprietary equitable charge over the land that took priority over WF's assignment of future proceeds; therefore WF's appeal failed.
16 May 2012

LOU SIU PING AND ANOTHER v. LAM TSZ MAN AND ANOTHER

Citation

LOU SIU PING AND ANOTHER v. LAM TSZ MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA506/2009

Woo owed the plaintiffs a duty of care as their solicitor in relation to their intended purchase; he breached that duty by failing to explain and warn the plaintiffs about the legal effect and risks of the will/power of attorney arrangement and by failing to take steps to protect or register their interest; that breach caused the foreseeable loss (purchase price, fees and costs) and plaintiffs are entitled to damages.
19 Jan 2007

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER

Citation

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV420/2006

The Court of Appeal allowed the appeals because the Lands Tribunal order operated only in personam against Everwise and did not create any proprietary right in Premises B; no judgment debtor beneficially owned Premises B when the charging order was made; there was no basis to treat the BVI Intervener as identical to the Hong Kong company joined in the proceedings; consequently the charging order and subsequent orders (including the 17 August 2006 declaration and the 17 October 2006 inspection order) were wrongly made and must be set aside; additionally the judge wrongly refused leave to the I…
14 Mar 2000

KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM & NGAI YUET FONG & 62 OTHER DEFENDANTS

Citation

KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM & NGAI YUET FONG & 62 OTHER DEFENDANTS
Court

Court of First Instance
Case number

HCMP6550/1998

The court held that the plaintiff's earlier registration of its assignment under the Land Registration Ordinance Cap.128 s3(1) conferred priority and a clear transferable title extinguishing the defendants' unregistered option agreements as against the plaintiff; no fraud was proved and no actual, constructive or imputed notice could be attributed to the plaintiff, so the statutory protection applied.
12 Mar 1999

CREDIT CONTROL CENTRE (HK) LTD. v. FAME SURE LTD.

Citation

CREDIT CONTROL CENTRE (HK) LTD. v. FAME SURE LTD.
Court

Court of First Instance
Case number

HCA1005/1996

The court found on balance that the defendant was able but not willing to complete, whereas the plaintiff was willing and capable of delivering vacant possession and title (including by removing vehicles or paying off users) and the defendant's failure to attend completion and to provide draft assignments manifested an intention not to complete; unregistered rental agreements did not defeat the defendant's registered sale contracts; accordingly the defendant breached and judgment is entered for the plaintiff.
23 May 1996

WINCO MANAGEMENT LTD v. LAW (OR LO) YIU WANG

Citation

WINCO MANAGEMENT LTD v. LAW (OR LO) YIU WANG
Court

Court of First Instance
Case number

HCA91/1995

Defendant occupied the Property with the owner's permission pursuant to the Agreement (no animus possidendi) so there was no adverse possession, and because the Agreement was unregistered it was void against the Plaintiff whose registered title prevailed; therefore Plaintiff was entitled to possession and associated relief.
1 Jul 1983

JET-WAI INVESTMENT CO LTD v. EAST ASIS PAPER PRODUCTS FACTORY

Citation

JET-WAI INVESTMENT CO LTD v. EAST ASIS PAPER PRODUCTS FACTORY
Court

Court of First Instance
Case number

HCA932/1983

The court held that the plaintiff, as the registered assignee, was bound only by the existing tenancy agreement; unregistered collateral agreements, loans or debts not registered against the property could not be used to set off rent due to the registered assignee; the learned Master’s conditional order was reasonable and the appeal against it was dismissed with costs, to be taxed on a common fund basis.

Hong Kong Case Law

WINLAND FINANCE LTD v. GAIN HERO FINANCE LTD

LOU SIU PING AND ANOTHER v. LAM TSZ MAN AND ANOTHER

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER

KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM & NGAI YUET FONG & 62 OTHER DEFENDANTS

CREDIT CONTROL CENTRE (HK) LTD. v. FAME SURE LTD.

WINCO MANAGEMENT LTD v. LAW (OR LO) YIU WANG

JET-WAI INVESTMENT CO LTD v. EAST ASIS PAPER PRODUCTS FACTORY