CHEUNG WAI SING JACKIE WALTER 對 BILLION CREDIT FINANCIAL CO LTD

CHEUNG WAI SING JACKIE WALTER 對 BILLION CREDIT FINANCIAL CO LTD

The addendum to the loan agreement operated to make payment of the loan contingent on successful registration of the mortgage; the trial judge's construction of the documents and findings that the applicant had accepted the arrangement and was not a credible witness were not plainly wrong; therefore there was no...

Source-derived case information.

Citation
[2021] HKCA 1185
Parties
Appellant: Cheung Wai Sing Jackie Walter; Respondent: Billion Credit Financial Company Limited
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 August 2021
Case Number
CAMP53/2020
Procedural Posture
Leave to Appeal Application (civil) / Court of Appeal Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Loan Agreement, Registration of Mortgage, Leave to Appeal, Factual Findings on Appeal
Source Language
ch
Civil Procedure Contract Property/mortgage Appeal (appellate Review) Loan Agreement Registration of Mortgage Leave to Appeal Factual Findings on Appeal

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Parties

Cheung Wai Sing Jackie Walter

Appellant

Billion Credit Financial Company Limited

Respondent

Procedural Posture

Leave to Appeal Application (civil) / Court of Appeal Decision on Application for Leave to Appeal

  1. 1 Whether defendant was obliged to pay the full HK$500,000 to the applicant on the date of signing or could pay after registration of the mortgage
  2. 2 Whether there is a reasonable prospect of success to grant leave to appeal given the appeal re-argues factual findings
  3. 3 Whether the trial judge's findings of fact were plainly wrong

Ratio Decidendi

The addendum to the loan agreement operated to make payment of the loan contingent on successful registration of the mortgage; the trial judge's construction of the documents and findings that the applicant had accepted the arrangement and was not a credible witness were not plainly wrong; therefore there was no real prospect of success on appeal and leave to appeal was refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Applicant ordered to pay the respondent's costs of this application