Tsim Tak Sun v. Lam Kwok Yin

Case No.HCMP 2217/2011

Court

High Court CFI

Date23 Feb 2012

Judge—

Case Document

100%

HCMP 2217/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2217 OF 2011

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	IN THE MATTER of the Second Floor and the Roof thereon, No. 17A Sheung Wo Che, Sha Tin, New Territories and the Second Floor and the Roof thereon, No. 17B Sheung Wo Che, Sha Tin, New Territories (“the Property”)
	and
	IN THE MATTER of the registration of the Writ of Summons issued under High Court Action No. 984 of 2011 by Lam Kwok Yin in the Land Registry against the interest of Tsim Tak Sun of and in the Property
	and
	IN THE MATTER of Section 19 of the Land Registration Ordinance

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BETWEEN

	TSIM TAK SUN	Plaintiff
and
	LAM KWOK YIN	Defendant

____________

Before: Deputy High Court Judge L. Chan in Chambers

Date of Hearing: 23 February 2012

Date of Judgment: 23 February 2012

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J U D G M E N T

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1.The papers have been served on the defendant a long time ago. There is no basis for an adjournment for the defendant to file an affidavit in opposition. The defendant's solicitors also cannot indicate what will be said on the affidavit if an adjournment should be granted. The only matter said by the solicitor in opposition is that one Lam Yuk Tong may claim or has claimed some interest in the property. That is no justification for the defendant to register his monetary claim in HCA 984/2011 against the plaintiff's property.

2.That Writ of Summons issued by the defendant is not a lis pendens that may affect any parcel of ground in Hong Kong and cannot be registered in the Land Registry pursuant to section 2 of the Land Registration Ordinance, Cap 128 (see Thian's Plastics Industrial Co Ltd & Ors (No 2) v Tin's Chemical Industrial Co Ltd & Anr (1971) HKLR 249.

3.I therefore make an order in terms of paras 1, 2, 3 and 5 of the notice of appointment to hear originating summons. The costs under para 5 include the costs of this application.

4.Costs assessed at $30,500.

(L. Chan)
Deputy High Court Judge

Ms June Leung, of Peter W K Lo & Co., for the plaintiff

Mr Cheung Kam Min, of K M Cheung & Co., for the defendant