Lau Wai Wing v. Yip Tak Ming and Another
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HCMP 1862/2012 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO 1862 OF 2012 ____________________
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________________ D E C I S I O N ________________ 1.Regarding paragraphs 1 and 2 of the Amended Originating Summons, the 1st defendant does not appear to oppose the application, and Miss Chan, on behalf of the 2nd defendant, also indicated no opposition to the same. 2.Section 17 of the Land Registration Ordinance, Cap 128 provides that the:
3.In the present case, it is not disputed that the charging order has not been re-registered after 2000, and its registration “ceased to have effect” as from 14 April 2000. 4.I accept the submissions of Mr Benjamin Chain, counsel for the plaintiff, that once the registration of a charging order lapses, the land is free from such encumbrance [see: also, Ocean Rich Investment Company v Leung Yiu Biu, HCMP 1908/1998 (Judgment of Yeung J, as he then was, dated 6 May 1999)]. 5.Further, any proceedings by the 1st defendant on the charging order is time-barred [see: Re Li Man Hoo (a Debtor) [2013] 4 HKLRD 247]. 6.As regards paragraph 3 of the Amended Originating Summons, the 2nd defendant does not oppose the application and does not lay any claim to the property. 7.For the reasons stated above, I make an order in terms of paragraphs 1, 2 and 3 of the Amended Originating Summons. 8.Mr Chain does not ask for any costs. Accordingly, I make no order as to the costs of the Amended Originating Summons.
Mr Benjamin Chain, instructed by King & Co, for the plaintiff 1st defendant was not represented and did not appear Miss Carman Chan, of the Official Receiver, for the 2nd defendant Mr Benjamin Chain, instructed by King & Co, for the plaintiff 1st defendant was not represented and did not appear Miss Carman Chan, of the Official Receiver, for the 2nd defendant | ||||||||||||||||||||
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