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Re Lee Wong Chiu Ngan (“The Deceased”)

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionHong Kong
Judgment Date02 March 2023
Neutral Citation[2023] HKCFI 667
Year2023
Subject MatterMiscellaneous Proceedings
Judgement NumberHCMP2200/2022
HCMP2200/2022 RE LEE WONG CHIU NGAN (“the Deceased”)

HCMP 2200/2022

[2023] HKCFI 667

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2200 OF 2022

_______________________

IN THE MATTER OF THOSE 55 equal undivided 202,883rd parts and shares of and in ALL THAT piece or parcel of ground registered in the Land Registry as TUEN MUN TOWN LOT NO. 360 (“the Lot”) And of and in the messuage erections and buildings thereon now known as “YUET WU VILLA (悅湖山莊)” No.2 Wu Sau Street, Tuen Mun, New Territories, Hong Kong (“the Development”) TOGETHER with the exclusive right to hold use occupy and enjoy ALL THAT FLAT G on the 13TH FLOOR of BLOCK 6 of the Development which said Flat is shown on the Floor Plan annexed to the Assignment (“the Property”)
and
IN THE MATTER OF the Letters of Administration of the estate of LEE WONG CHIU NGAN (李黃肖顏) (“the Deceased”) registered in the Land Registry by Memorial No. 12101800130020
and
IN THE MATTER of the Assent registered in the Land Registry by Memorial No. 12101800130033
and
IN THE MATTER of Section 2(1) of the Land Registration Ordinance (Cap. 128)
and
IN THE MATTER OF Section 17B of the Housing Ordinance (Cap. 283)
and
IN THE MATTER of Inherent Jurisdiction of the High Court

______________________

Before: Deputy High Court Judge Jonathan Chang SC in Chambers
Dates of Hearing: 2 March 2023
Date of Decision: 2 March 2023

________________

D E C I S I O N

________________

1. Before me is an application to vacate the registration of an assent at the Land Registry on the ground that it is void, hence it does not affect land and is not a registrable instrument under the Land Registration Ordinance (Cap 128).

2. The applicant is the daughter of Madam Lee Wong Chiu Ngan (“Deceased”) who passed away intestate in Hong Kong on 29 September 2010. Letters of Administration to the Deceased’s estate were granted to the applicant on 22 March 2012.

3. One of the properties of the Deceased’s estate is a residential flat at Flat G, 13th Floor, Block 6, Yuet Wa Villa, No 2 Wu Sau...

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