YAM HAU LING v. IP WING SZE DENISE AND ANOTHER

HCMP 1928/2025

[2026] HKCFI 3551

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1928 OF 2025

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D E C I S I O N

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1.  Under s.19 of the Land Registration Ordinance (Cap.128), the court has the power to order the vacation of the registration in the Land Registry of a lis pendens against a property without the consent of the party who registered it, if the court is satisfied that the litigation is not prosecuted bona fide, or if other good cause is shown.

2.  Under s.20, a person interested in the property can apply to vacate the lis pendens.  I am satisfied that the Applicant, being the registered owner of the Property, is a person interested in the Property for the purposes of s.20.

3.  In the present case, there is a writ of 25^th October 2012 issued against former owners of the Property (“the Writ”)  currently recorded in the Land Registry records of the Property under “Deeds Pending Registration” as having been delivered on 26^th October 2012.

4.  I note that under s.17 of the Land Registration Ordinance, a lis pendens ceases to have effect at the end of five years from the date of registration, although the lis pendens may then be re-registered.

5.  The Writ was not re-registered against the Property.  There is no evidence that the action commenced by the Writ proceeded to trial.

6.  I accept that nevertheless, if the Writ were to remain in the Land Registry records, it could create uncertainty for the Applicant’s title.

7.  I am satisfied that the Respondents have been properly served by way of substituted service.  They have not appeared to oppose the Applicant’s application.

8.  I therefore accept that the Applicant has shown good cause for the vacation of the lis pendens, and I order that the registration of the Writ in the Land Registry against the Property be vacated.