吳雪蓮 v. 洪永潤又名HONG YONGRUN（洪永润）及另二人

吳雪蓮 v. 洪永潤又名HONG YONGRUN（洪永润）及另二人

Given the direct conflict between the plaintiff's bare allegation and the 1st defendant's bare denial, the absence of contemporaneous documentary support and gaps in the plaintiff's evidence, the credibility issues can only be resolved at trial after cross-examination; accordingly the court must grant unconditional leave to the 1st defendant and order costs in the cause.

Citation
吳雪蓮 v. 洪永潤又名HONG YONGRUN（洪永润）及另二人
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 2017
Case Number
HCA621/2014
Procedural Posture
Civil (equitable Mortgage/charge) / Decision on Interlocutory Application Leave to Defend
Outcome
Unconditional leave granted to the 1st defendant; costs ordered in the cause.
Legal Topics
Equitable Mortgage, Charge, Deposit of Title Deeds, Leave to Defend, Credibility and Cross Examination
Source Language
EN
Equity Property Law Civil Procedure Evidence Equitable Mortgage Charge Deposit of Title Deeds Leave to Defend +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Civil (equitable Mortgage/charge) / Decision on Interlocutory Application Leave to Defend

Legal Issues

  1. 1 Whether an equitable mortgage or charge over the 1st defendant's property existed
  2. 2 Whether the original title deeds were deposited by the 1st defendant as security
  3. 3 Whether the plaintiff's evidence is sufficiently cogent to defeat the 1st defendant's bare denial at interlocutory stage

Ratio Decidendi

Given the direct conflict between the plaintiff's bare allegation and the 1st defendant's bare denial, the absence of contemporaneous documentary support and gaps in the plaintiff's evidence, the credibility issues can only be resolved at trial after cross-examination; accordingly the court must grant unconditional leave to the 1st defendant and order costs in the cause.

Court Disposition

Unconditional leave granted to the 1st defendant; costs ordered in the cause.

Orders

  • Unconditional leave to the 1st defendant to defend
  • Costs in the cause