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Bank of China (Hong Kong) Ltd. v. Tower Property Ltd. and Others

Read the full judgment text of HCMP 3254/2002 on BabelCite. This High Court CFI judgment was delivered on 6 November 2002.

1. The 5th line of paragraph 30, in the sentence of "...that whether joining an assignee is a matter of principle ...", the word "principle" be replaced by "practice".

Case No.HCMP 3254/2002
Court
High Court CFI
Date06 Nov 2002
Judge—
Case Document
100%Judiciary

HCMP003254M/2002

HCMP3254/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO.3254 OF 2002

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IN THE MATTER OF the property known as ALL THOSE pieces or parcels of ground registered in the Land Registry as SECTION A OF MARINE LOT NO.389, SECTIONS A AND B AND THE REMAINING PORTION OF MARINE LOT NO.390 TOGETHER with the messuages erections and buildings thereon known at the date thereof as ANANDA TOWER (辰達集團大廈) (formerly known as Finance Tower) Nos.57, 58 and 59 Connaught Road, Central, Hong Kong ("the 1st Mortgaged Property")

AND
IN THE MATTER OF the property known as ALL THOSE 300 equal undivided 1,510th parts or shares of and in ALL THOSE pieces or parcels of ground respectively registered in the Land Registry as CHAI WAN INLAND LOT NO.112 and CHAI WAN INLAND LOT NO.115 and of and in the messuages erections and buildings thereon known as SAFETY GODOWN INDUSTRIAL BUILDING (安全貨倉工業大廈) No.56 Ka Yip Street ("the Building") TOGETHER with the sole and exclusive right and privilege to hold use occupy and enjoy ALL THOSE (1) the NINTH FLOOR of the Building; (2) the TENTH FLOOR of the Building; (3) the ELEVENTH FLOOR of the Building; and (4) the LOBBY SPACE NO.1 on the GROUND FLOOR of the Building ("the 2nd Mortgaged Building")

AND
IN THE MATTER OF a Mortgage in respect of the 1st and 2nd Mortgaged Properties dated 16 October 1996 and registered in the Land Registry by Memorial No.UB6815161

AND
IN THE MATTER OF Order 88 of Rules of High Court

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BETWEEN
BANK OF CHINA (HONG KONG) LIMITED Plaintiff
AND
TOWER PROPERTY LIMITED 1st Defendant
KING-G LIMITED 2nd Defendant
ANANDA HOLDINGS LIMITED 3rd Defendant
ANANDA ENTERPRISES LIMITED formerly known as ANANDA WING ON TRAVEL (HOLDINGS) LIMITED 4th Defendant
and
STEPHEN LIU YIU KEUNG AND YEO BOON ANN, THE JOINT AND SEVERAL RECEIVERS AND MANAGERS OF THE 2ND MORTGAGED PROPERTY (EXCEPT THE 11TH FLOOR) Intervener

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Coram: Deputy High Court Judge Poon in Chambers

Dates of Hearing: 5 and 6 November 2002

Date of Decision: 6 November 2002

Date of Handing Down Reasons for Decision: 29 November 2002

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C O R R I G E N D A

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Please kindly note the following amendments:

1. The 5th line of paragraph 30, in the sentence of "...that whether joining an assignee is a matter of principle...", the word "principle" be replaced by "practice".

2. The 6th line of paragraph 33, the word "where" be added to the sentence "The situation is similar to a case where after the signing of a sale...".

3. The 4th line of paragraph 20, in the sentence of "It is, I accept, a matter of principle...", the word "principle" be replaced by "practice".

Date: 3rd December 2002

(Alexis Lam)(Miss)
Clerk to Deputy High Court Judge Poon

Other Judgments in This Case

Further hearings and rulings under HCMP 3254/2002

Bank of China (Hong Kong) Ltd. v. Tower Property Ltd. and Others
High Court CFI06 Nov 2002