1988 Ed.] The Rules of the Supreme Court Order 47
[CAP. 4
A 183
(6) The applicant must produce the bailiff's list to the Court on the hearing of the application.
(7) Every person on whom the summons was served may attend and be heard on the hearing of the application.
(HK) Special rules as to the sale of immovable property (O. 47, r. 7)
7. (1) At any time within 10 days from the date of sale of any immovable property in execution of a judgment, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity.
(2) (a) If no such application is made the sale shall be deemed absolute.
(b) If such application is made and the objection is disallowed, the Court shall make an order confirming the sale.
(c) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
(3) Whenever a sale of immovable property is set aside for irregularity the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear to the Court proper to direct.
(4) (a) After a sale of immovable property has become absolute in manner aforesaid the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title and interest of the judgment debtor in the property sold.
(b) Such certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title and interest and may be registered in the Land Office under the Land Registration Ordinance.
(5) (a) Where the property sold consists of immovable property in the occupancy of the judgment debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery.
[Subsidiary]
(Cap. 128.)
1988 Ed.] The Rules of the Supreme Court Order 47
[CAP. 4
A 183
(6) The applicant must produce the bailiff's list to the Court on the hearing of the application.
(7) Every person on whom the summons was served may attend and be heard on the hearing of the application.
(HK) Special rules as to the sale of immovable property (O. 47, r. 7)
7. (1) At any time within 10 days from the date of sale of any immovable property in execution of a judgment, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity.
(2) (a) If no such application is made the sale shall be
deemed absolute.
(b) If such application is made and the objection is disallowed,
the Court shall make an order confirming the sale.
(c) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
(3) Whenever a sale of immovable property is set aside for irregularity the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear to the Court proper to direct.
(4) (a) After a sale of immovable property has become absolute in manner aforesaid the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title and interest of the judgment debtor in the property sold.
(b) Such certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title and interest and may be registered in the Land Office under the Land Registration Ordinance.
(5) (a) Where the property sold consists of immovable prop- erty in the occupancy of the judgment debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the property, the Court shall, on the ap- plication of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive
[Subsidiary]
(Cap. 128.)
No comments yet.
Private notes are available after approval.