POST EAST FINANCE CO LTD v. CHOW CHI LIT SIMON AND ANOTHER

POST EAST FINANCE CO LTD v. CHOW CHI LIT SIMON AND ANOTHER

Defendants had validly executed the second mortgage and defaulted; they failed to put forward particulars or evidence raising a triable issue on undue influence or non est factum and did not challenge the claimed calculations, therefore the originating summons was appropriate and judgment was entered for the plaintiff in terms of paragraphs 1 and 3 of the originating summons.

Citation
POST EAST FINANCE CO LTD v. CHOW CHI LIT SIMON AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 May 2006
Case Number
DCMP1298/2005
Procedural Posture
Mortgage Enforcement / Decision on Originating Summons
Outcome
Judgment for Plaintiff; order made in terms of paragraphs 1 and 3 of the originating summons
Legal Topics
Second Mortgage, Default, Indemnity for Legal Costs, Undue Influence, Originating Summons, Non Est Factum
Source Language
EN
Mortgage Contract Equity Civil Procedure Legal Aid Second Mortgage Default Indemnity for Legal Costs +3 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Mortgage Enforcement / Decision on Originating Summons

Legal Issues

  1. 1 Whether originating summons was appropriate or whether matter required a public trial
  2. 2 Whether defendants had a triable defence of undue influence in loan restructure
  3. 3 Whether the second mortgage was legally binding or vitiated by non-explanation (non est factum)

Ratio Decidendi

Defendants had validly executed the second mortgage and defaulted; they failed to put forward particulars or evidence raising a triable issue on undue influence or non est factum and did not challenge the claimed calculations, therefore the originating summons was appropriate and judgment was entered for the plaintiff in terms of paragraphs 1 and 3 of the originating summons.

Court Disposition

Judgment for Plaintiff; order made in terms of paragraphs 1 and 3 of the originating summons

Orders

  • Order in terms of paragraphs 1 and 3 of the originating summons