Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Vacation of writ registration

Legal area

Court

8 Jun 2022

GLOBE GROUP LTD v. GLOBALMAX (GROUP) LTD AND ANOTHER

Citation

[2022] HKDC 620
Court

District Court
Case number

DCCJ4256/2019

The court allowed the plaintiff to amend the pleadings to pursue the oral guarantee and fraud/lifting the corporate veil claims except insofar as the pleadings attempted to treat the Loan Agreement or veil-lifting as creating a separate written guarantee or to assert enforceable security over the 2nd defendant’s property. The oral guarantee does not satisfy s.3 and s.5 of the Conveyancing and Property Ordinance and is therefore unenforceable as creating security over land; accordingly the registration of the writ against the property is vacated. Certain paragraphs claiming a written guarantee…
29 May 2020

KEE CHAN HING v. LEUNG FUK CHUEN AND OTHERS

Citation

[2020] HKDC 382
Court

District Court
Case number

DCCJ4959/2014

The court held that the boundary of the plaintiff's lot is to be determined by the graphical depiction and location information in the 1992 Assignment Plan read with subsequent government divisional plans, new grant plans and setting out exercises; where textual area ('about 140 sqm') conflicted with graphical measurement and surveyed location, the graphical/location evidence and subsequent government surveys prevail; plaintiff failed to prove encroachment and defendants' counterclaims to vacate the registered writs and to the right of way succeeded.