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HCMP 986/2018
[2018] HKCFI 2665
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 986 OF 2018
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BETWEEN
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WONG TAI WAN |
Plaintiff |
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and
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LAM CHI MAY BESSIE |
Defendant |
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Before: Deputy High Court Judge Leung in Chambers (Open to the Public)
Date of Hearing: 15 November 2018
Date of Decision: 15 November 2018
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D E C I S I O N
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1. I am not going to repeat what could be seen from the court documents as well as the written submissions of Mr Chain. Suffice it for me to say that the two lots of land in question formed the subject matter of a legal dispute back in 1974. In Action No. 1655 of 1974, the plaintiff there, surnamed Lai, claimed against the defendants there, Choi and Lam, for specific performance of a sale and purchase agreement in relation to the two lots. In 18 December 1975, judgment was obtained by Lai against Choi and Lam. Because of the non-compliance with the judgment by Choi and Lam, Lai managed to obtain the order from the court so that the Registrar executed the necessary conveyance of the two lots of lands to Lai, and that happened in 1976 July. Then in 2006, Lai assigned the lots of land to the plaintiff in the present case.
2. All along, all the parties involved at different stages, including the court, did not come to realise that in fact unbeknownst to the parties to the 1974 action, Choi actually assigned to the defendant in the present case the two lots of land. I have considered the circumstances and I have no doubt that had the parties or the court then come to know about the existence of such conveyance, the defendant in the present case would have been joined in that action so that that conveyance could be disposed of, and then the defendant could also be heard.
3. Now, the opportunity for the defendant to be heard has been made available in the present case. Although the evidence suggests that the defendant could not be located, there was the order for substituted service of these proceedings on the defendant. No appearance has been entered. The evidence also suggests that apparently the defendant was the daughter of Choi and Lam, and that actually added to the suspicion about the purported conveyance by Choi and Lam to the defendant back in 1974 just days after the commencement of that action.
4. There is nothing to contradict the evidence that the plaintiff in the present case has been in exclusive possession of the two lots of land since 1976, and in these circumstances, I see no reason why the order sought should not be granted. In the circumstances, I would also grant, first of all, the order stated in paragraph 3 [1] of the originating summons as well as paragraph 1 [2] of the originating summons, and following that, an order stated in paragraph 2 [3] of the originating summons. As indicated, I will give no order as to costs.
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(Simon Leung) |
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Deputy High Court Judge
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Mr Benjamin Chain, instructed by Pansy Leung Tang & Chua, for the plaintiff
The defendant was not represented and did not appear
[1] A Declaration that the Conveyance on Sale dated 15th July 1974 is overtaken by the subsequent Conveyance on Sale dated 6th August 1976 and registered in the Land Registry by Memorial No. 191518 executed by the Registrar of the Supreme Court pursuant to an Order of the Supreme Court of Hong Kong dated 21st July 1976 made in Action No. 1655 of 1974.
[2] A Declaration that the Defendant has no, or no existing interest in (a) the Remaining Portion of Section A of Lot No.318, and (b) the Remaining Portion of Lot No.320, both in D.D.106 (“the Lots”).
[3] An Order that the registration of the Conveyance on Sale dated 15th July 1974 and registered in the Land Registry by Memorial No.181444 against the Lots be vacated.
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