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Kung Wong Sau Hin v Kung Kwok Sun And Others

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
Judgment Date11 October 1985
Year1985
Judgement NumberHCAP2/1982
Subject MatterProbate Action
CourtHigh Court (Hong Kong)
HCAP000002/1982 KUNG WONG SAU HIN v. KUNG KWOK SUN AND OTHERS

HCAP000002/1982

HEADNOTE

Charging order - whether it can be registered on land owned by judgement debtor and a stranger to the action as joint tenants - position in England distinguished as no equivalent legislation to Law of Property Act 1925 enacted in Hong Kong whereby joint tenancies give tenants a beneficial interest interest in proceeds of sale rather than an actual interest in land - a joint tenancy is an actual and registrable interest in land in Hong Kong and thus is encompassed within Sec. 20 of Supreme Court Ordinance.

No. 2 of 1982

IN THE SUPREME COURT OF HONG KONG

PROBATE JURISDICTION

______________

In the Estate of Kung Yuek (otherwise spelt as Yeuk, Yerk or York) Man , aliases Kung Kai Yip, Kung Kei, Kung Yeung Kei, Kung King Yip and Kung Yue Shing, deceased

BETWEEN

KUNG WONG SAU HIN Plaintiff

AND
KUNG KWOK SUN
KUNG KWOK CHIN
KUNG CHI CHIU GARRIEL
THE ATTORNEY GENERAL		 1st Defendant
2nd Defendant
3rd Defendant
4th Defendant

_________________

Coram: Deputy High Court Judge O'Dea in Chambers

Date of hearing: 5 September 1985

Date of handing down of judgment: 11 October 1985 (file in 1986 HCA file)

___________

JUDGMENT

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1. This is an appeal from the decision of a Master who ordered that the registration of an order imposing a charge on certain land be vacated. This Probate Action was originally tried in the High Court in August, 1983 when judgment was given in favour of the Plaintiff together with costs. The defendants appealed and a new trial was ordered on a limited issue and the order for costs made in the Court below and the costs of the appeal were awarded to the Plaintiff. Both the costs of the original trial and the appeal were subsequently taxed and their recovery in the subject of the present proceedings.

2. The 1st defendant owns a flat at Braemar Hill as a joint tenant with his wife, NG She Woon.

3. On 2nd May 1985 a Mester in Chambers ordered that unless sufficient cause to the contrary be shown the 1st defendant's interest in the said property should, and in the meantime it was ordered that it did, stand charged with the payment of the taxed costs payable. The plaintiff took steps to register a sealed copy of the order to show cause in the Land Office against the said property.

4. By an inter-partes summons dated 23rd August 1985 the 1st defendant applied to have the registration of the order vacated and after hearing argument the learned Master made the order as sought. The plaintiff now appeals.

5. The central issue to be decided is whether the Court has power to impose on land owned by the judgment debtor and a stranger to the action as joint tenants a charge securing payment of the judgment debt and, if so, how it should exercise the discretion clearly given to it pursuant to Sec. 20 of the Supreme Court Ordinance This provision reads as follows:-

"The High Court may, for the purpose of enforcing a judgment or order of the High Court for the payment of money to a person, by order impose on such land or interest in land of the...

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