Century Asia Development Investment Ltd v. Chan Hau Man and Others

Read the full judgment text of DCMP 2516/2022 on BabelCite. This District Court judgment was delivered on 10 September 2024.

1. Page 8, paragraph 33 be added to read as, “Mr. Lee Yee Hung, counsel for the plaintiff (“Mr. Lee”), observed that despite claiming that these tenancy agreements are duly stamped, the 1 st TA, the 3 rd TA and the 4 th TA were not stamped when the 1 st defendant first produced them under his (1 st ) Affirmation of 10 October 2022 thus rendering them inadmissible as evidence at that point. In fact, the 1 st TA and the 3 rd TA were only stamped on 24 October 2022 and the 4 th TA was only stamped

Cited by 1 case · Cites 1 case

Case No.DCMP 2516/2022[2024] HKDC 1453
Court
District Court
Date10 Sep 2024
Judge
Case Document
100%Judiciary

DCMP 2516/2022

[2024] HKDC 1453

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO.2516 OF 2022

________________

  IN THE MATTER of Order 113 of the Rules of the District Court, Cap. 336H
  and
  IN THE MATTER of Lot No. 559 in Demarcation District 123
  and
  IN THE MATTER of Section A of Lot No. 600 in Demarcation District 125

________________

BETWEEN

  CENTURY ASIA DEVELOPMENT INVESTMENT LIMITED Plaintiff
  (世紀亞洲發展投資有限公司)  
  and  
  CHAN HAU MAN (陳孝敏) 1st Defendant
  CHUNG SUI LOI (鍾瑞來) 2nd Defendant
  ALL OCCUPIER(S) of Lot No.599 in Demarcation District No.125 3rd Defendant
  ALL OCCUPIER(S) of Section A of Lot No.600 in Demarcation District No.125 4th Defendant

________________

Coram: His Honour Judge Harold Leong in Chambers
Date of Hearing: 21 June 2024
Date of Decision: 10 September 2024
Date of Corrigendum: 17 September 2024

_______________

CORRIGENDUM

_______________

Please note the following amendment(s) in the Decision handed down on 10 September 2024:

1.Page 8, paragraph 33 be added to read as, “Mr. Lee Yee Hung, counsel for the plaintiff (“Mr. Lee”), observed that despite claiming that these tenancy agreements are duly stamped, the 1st TA, the 3rd TA and the 4th TA were not stamped when the 1st defendant first produced them under his (1st) Affirmation of 10 October 2022 thus rendering them inadmissible as evidence at that point. In fact, the 1st TA and the 3rd TA were only stamped on 24 October 2022 and the 4th TA was only stamped on 20 October 2022, all of which were some 3 months after the OS was commenced.”.

2.Page 10, paragraph 40 be added to read as, “Mr. Lee pointed out that the purpose of the LRO, as stated under its Preamble, was “to prevent secret and fraudulent conveyances, and to provide means whereby the title to real and immoveable property may be easily traced and ascertained”. It is clear that this longstanding legislation aims to put a stop to situations like the current one by introducing a Land Registration system.

Dated the 17th day of September 2024

  (Harold Leong)
District Judge