Tang Sum Chai and Others v. Wong Sau Wah
Read the full judgment text of HCMP 578/2010 on BabelCite. This High Court CFI judgment was delivered on 20 July 2010.
1. Section 2 of the Land Registration Ordinance provides for the types of documents that can be registered at the Land Registry. A statutory declaration of right by a third party against an owner is not registerable against an owner’s land.
Cited by 6 cases
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HCMP 578/2010 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO. 578 OF 2010 ____________
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Before: Deputy High Court Judge L. Chan in Chambers Date of Hearing: 20 July 2010 Date of Decision: 20 July 2010 _____________ D E C I S I O N _____________ 1.Section 2 of the Land Registration Ordinance provides for the types of documents that can be registered at the Land Registry. A statutory declaration of right by a third party against an owner is not registerable against an owner’s land. 2.The defendant’s attempt to register her statutory declaration is an abuse of the system of registration. If the defendant wants to merely give notice of her claim to the owner, she can do so by letter. If she wants to claim interest, she should issue a writ against the owner and then register the writ against the owner’s land. 3.The writ is a lis pendens or a pending litigation and is registerable. The owner can contest a writ in court but the not a statutory declaration. 4.It is wrong for the defendant to have attempted to register her statutory declaration for the purpose of giving notice of her claim to the plaintiffs. 5.The plaintiffs have asked her to withdraw the declaration but she refused[1]. She should therefore pay the costs of these proceedings to the plaintiffs. But this case is not serious enough for the indemnity scale to be applied. 6.I also ask the solicitors for the parties to arrange a 9.30 a.m. hearing before me for the purpose of gross assessment of the amount of costs payable by the defendant to the plaintiffs.
Mr Kenneth Y F Wong, instructed by Messrs Rene Hout & Co., for the 1st to 9th Plaintiffs Mr James Sherry, instructed by Messrs Raymond Chan, Kenneth Yuen & Co., for the Defendant [1]She later withdrew the statutory declaration from the Land Registry by herself after she had declined the plaintiffs’ request to withdraw and her filing her notice of intention to defend. | |||||||||||||||||||||||||||||||||||||||||||||||||||
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