HANG SENG BANK LIMITED v. YEUNG SAU MIN

HANG SENG BANK LIMITED v. YEUNG SAU MIN

The court has the power in a proper case to grant leave to a mortgagee to discontinue foreclosure proceedings under Order 21 rule 3 and to set aside an Order Nisi even in the absence of the mortgagor's consent; Stevens v. Theatres Ltd does not preclude the court exercising that power.

Citation
HANG SENG BANK LIMITED v. YEUNG SAU MIN
Parties
Plaintiff / Mortgagee: Hang Seng Bank Limited; Defendant / Mortgagor: Yeung Sau Min
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 1985
Case Number
HCMP1170/1983
Procedural Posture
Mortgage Foreclosure; Application to Discontinue / In Chambers Decision on Application to Discontinue Foreclosure and Set Aside Order Nisi
Outcome
Application granted; leave to discontinue foreclosure proceedings granted and Order Nisi set aside
Legal Topics
Foreclosure, Discontinuance of Proceedings, Order Nisi, Leave to Discontinue, Sale by Mortgagee, Setting Aside Orders
Source Language
EN
Property Law Mortgage Law Civil Procedure Foreclosure Discontinuance of Proceedings Order Nisi Leave to Discontinue Sale by Mortgagee +1 more

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Parties

Hang Seng Bank Limited

Plaintiff / Mortgagee

Yeung Sau Min

Defendant / Mortgagor

Procedural Posture

Mortgage Foreclosure; Application to Discontinue / In Chambers Decision on Application to Discontinue Foreclosure and Set Aside Order Nisi

Legal Issues

  1. 1 Whether a mortgagee may discontinue foreclosure proceedings and sell without the mortgagor's consent
  2. 2 Whether the court has power under Order 21 rule 3 to grant leave to discontinue foreclosure and set aside an Order Nisi
  3. 3 Proper scope and effect of Stevens v. Theatres Ltd [1903] 1 Ch 860 on discontinuance and sale by a mortgagee

Ratio Decidendi

The court has the power in a proper case to grant leave to a mortgagee to discontinue foreclosure proceedings under Order 21 rule 3 and to set aside an Order Nisi even in the absence of the mortgagor's consent; Stevens v. Theatres Ltd does not preclude the court exercising that power.

Court Disposition

Application granted; leave to discontinue foreclosure proceedings granted and Order Nisi set aside

Orders

  • Leave granted to the mortgagee to discontinue the foreclosure proceedings
  • Order Nisi discharged and set aside