Irwan Suria v. Sunny Linker Ltd

HCMP850/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 850 OF 2008

BETWEEN

Coram: Deputy High Court Judge Carlson in Chambers 

Date of Hearing: 28 July 2008

Date of Ruling: 28 July 2008

R U L I N G

1.I am very grateful to Mr Samuel Wong who has set the matter out very clearly and, whilst I understand the concerns of the respondent not wanting to enter a purchase or transaction such as this without being absolutely certain that it will obtain a clean title, I am satisfied beyond any doubt here that, by virtue of the effect of section 17 of the Land Registration Ordinance, the three matters that appeared on the title in November 1985, December 1985 and the originating summons itself which gave rise to this stemming from the judgment the Court of Singapore, which is dated 9 October 1985, they now cease to have any effect.  Their validity expired after five years and, in order to remain on the title and be effective, they would need to be re-registered.

2.It is quite clear that they have not been re-registered, and I am content that the declaration as sought by the applicant will now go to that effect in the terms that appear in the notice of appointment to hear the originating summons today which is at page 57 of the bundle. 

(Discussion on costs)

3.There will be no order as to costs.

Samuel Wong, instructed by Messrs Sit, Fung Kwong & Shum, for the Applicant

Eunice Yung, instructed by Messrs Angel Ho & Associates, for the Respondent