Registration of application for ancillary relief as a lis pendens

In Choi Sung Po v Lai Woon Lan ([2012] HKEC 563) C and L had divorced in 2010. After that C bought a flat in his own name and C and S bought a flat as joint tenants. L amended her application for ancillary relief (Form A) to include an application for a settlement of property order and a transfer of property order in respect of these two properties. This was registered at the Land Registry against the properties. C sought to have the registration vacated. The Court pointed out that since the Form A was prima facie registable, the burden was on C to show why the registration had been vacated. He had failed to discharge this burden.

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