IN THE MATTER ofa Loan Agreement dated 7 May 2015 between Yee Tsim Choi and M Success Finance Limited (“the Loan Agreement”) with Memorial No 15051302470219 pending registration at the Land Registry against Flat 4 on 3/F of Block A, Tin Yau Court, No 1 Tin Shing Road, Tin Shui Wai, Yuen Long, New Territories (“the Property”) v IN THE MATTER ofLand Registration Ordinance (Cap 128) and the Inherent Jurisdiction of the Court

Read the full judgment text of HCMP 2850/2015 on BabelCite. This High Court CFI judgment was delivered on 30 March 2016 before Hon Chow J.

Land Registration Ordinance – inherent jurisdiction – registrability – deed pending registration – miscellaneous proceedings – declaration – removal order – Plaintiff sought declaration that Loan Agreement was not registrable against Property – Defendant argued application moot as document not fully registered – Court held it has inherent jurisdiction to vacate registration of instrument not affecting land – Declaration granted and order made to remove from Land Registry – Costs reserved.

Legal issues: Mootness of declaration application · Jurisdiction to vacate registration

Outcome: Declaration granted that Loan Agreement is not properly registrable; order made removing it from Land Registry.

Cited by 3 cases · Cites 1 case