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City Target Ltd v. Join Win Holdings Ltd

Read the full judgment text of DCMP 1805/2015 on BabelCite. This District Court judgment was delivered on 23 September 2015.

1. This is an application by the applicant under Sections 19 & 20 of the Land Registration Ordinance, Cap 128 (“the LRO”). The applicant seeks an order that the registration of the Writ of Summons of DCCJ 1805/2015 (“DCCJ 1806/2015”) be vacated. The application was issued on 10 July 2015 but the respondent has not responded.

Case No.DCMP 1805/2015
Court
District Court
Date23 Sep 2015
Judge—
Case Document
100%Judiciary

DCMP 1805/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 1805 OF 2015

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  IN THE MATTER OF an
application under sections 19 and 20
of the Land Registration Ordinance
(Cap 128)
  and
  IN THE MATTER OF the property
situated at Commercial Unit on 8th
Floor, “726 Nathan Road”, No 726
Nathan Road, Kowloon, Hong Kong
(The Remaining Portion of Kowloon
Inland Lot 2132 and The Remaining
Portion of Section A of the Kowloon
Inland Lot No 2132)

--------------------------------

Between    
  CITY TARGET LIMITED Applicant

and
  JOIN WIN HOLDINGS LIMITED Respondent

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Before: His Honour Judge Andrew Li in Court
Date of Hearing: 23 September 2015
Date of Decision: 23 September 2015
Date of Reasons for Decision: 17 November 2015

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REASONS FOR DECISION

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1.This is an application by the applicant under Sections 19 & 20 of the Land Registration Ordinance, Cap 128 (“the LRO”). The applicant seeks an order that the registration of the Writ of Summons of DCCJ 1805/2015 (“DCCJ 1806/2015”) be vacated. The application was issued on 10 July 2015 but the respondent has not responded.

2.This application is simple and straightforward. The respondent has on 16 June 2015 discontinued DCCJ 2177/2015 against the applicant.  Despite the applicant’s repeated requests and demands, the respondent has failed to vacate the registration.

3.In my view, as the above action has been discontinued, the writ of summons in DCCJ 2177/2015 is no longer a lis pendens, and therefore it no longer affects the land’s interest. 

4.Hence, in my judgment, it should be vacated.

5.I so ordered this in terms of para 1 of the notice of originating summons as amended, namely, the registration of the sealed copy of the Writ of Summons in DCCJ 2177/2015 dated 16th May 2015 in the Land Registry under memorial no.15052001600014 against the property situated at commercial unit on 8th floor, “726 Nathan Road” no.726 Nathan Road, Kowloon, Hong Kong (The remaining portion of Kowloon Inland lot.2132 and the remaining portion of section A of Kowloon Inland lot no.2132) be vacated.  I also ordered costs of and incidental to this application be paid by the respondent.  The costs was summarily assessed by me at the end of the hearing at HK$54,000, such costs was to be paid by the respondent forthwith.  

( Andrew SY Li )
District Judge

Mr Gary Lam, instructed by DLA Piper Hong Kong, for the applicant

Respondent was not represented and did not appear