Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

Urban Property Management Ltd And Another v Tsang Wing Lam

Judgment Cited in Precedent Map Related
Vincent
Judgment Date20 January 2010
CourtDistrict Court (Hong Kong)
Judgement NumberDCMP3128/2009
Subject MatterMiscellaneous Proceedings
DCMP003128/2009 URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM

DCMP 3128/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 2185 OF 2004

____________

IN THE MATTER of a Deed of Mutual Covenant dated 13th October 1983 and registered in the Shatin New Territories Land Registry with Memorial No. 239788 (“the DMC”)
and
IN THE MATTER of the property known as All Those 19/27,772nd parts or shares of and in All Those piece or parcel of ground registered in the Shatin New Territories Land Registry as SHATIN TOWN LOT NO. 230 And of and in the messuages erections and buildings thereon known as “King Tin Court” Together with the full and exclusive right and privilege to hold use occupy and enjoy All That Flat 5, 23rd Floor Block C (Bing Sam House), King Tin Court, 12 Chui Tin Street, Shatin, New Territories, Hong Kong, comprised in a Memorandum of Charge dated 11th September 2001 made pursuant to the DMC and in favour of Urban Property Management Limited and registered in the Shatin New Territories Land Registry with Memorial No. 1244690
and
IN THE MATTER of section 19 of the Building Management Ordinance (Cap.344)
and
IN THE MATTER of Order 88 Rules 1 and 5A of the Rules of the District Court (Cap.336)

______________________

URBAN PROPERTY MANAGEMENT LIMITED 1st Plaintiff
THE INCORPORATED OWNERS OF KING TIN COURT 2nd Plaintiff
and
TSANG WING LAM
(曾榮林)		 Defendant

______________________

Coram: His Hon Judge Poon in chambers (open to public)

Date of hearing: 14 December 2009

Date of decision: 20 January 2010

______________________

D E C I S I O N

______________________

Introduction

1. Together with this Decision, I also handed down my decision on 2 applications by the Defendant in a related action DCMP 2185/2004 (“my other decision”). In that action the Plaintiffs obtained a charging order against the captioned property (“the Property”) in respect of unpaid costs of the proceedings taxed at HK$411,012.00. In my other decision, I dismissed the Defendant’s application to, in effect, set aside the Allocatur of the unpaid costs and to discharge the said charging order.

2. By this action, the Plaintiffs seek to enforce the said charging order by way of an order for sale of the Property.

3. The Defendant took out 2 summonses. He asked this court to dismiss this action and/or to deal with this action together with DCMP 2185/2004.

4....

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT