HANG SENG FINANCE LTD v. HO YUEN CHAK

HANG SENG FINANCE LTD v. HO YUEN CHAK

The defence and counterclaim disclosed no reasonable defence; the mortgage entitled the plaintiff to possession upon default and the counterclaim does not bar possession; there was no reasonable prospect of repayment to justify adjourning or suspending the possession order, so the defence and counterclaim were struck out and judgment for the plaintiff entered.

Citation
HANG SENG FINANCE LTD v. HO YUEN CHAK
Parties
Plaintiff (mortgagee Bank): HANG SENG FINANCE LIMITED; Defendant (registered Owner): HO YUEN CHAK
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 December 2006
Case Number
DCCJ772/2006
Procedural Posture
Civil Action Mortgage/possession / Application to Strike Out Defence and Counterclaim; Judgment on Possession and Payment Granted
Outcome
Defendant's defence and counterclaim struck out; judgment entered for the Plaintiff for payment and possession.
Legal Topics
Possession, Strike Out (no Reasonable Defence), Counterclaim, Interest Calculation, Adjournment/suspension of Possession Order, Mortgagee Remedies
Source Language
EN
Mortgage Law Property Law Civil Procedure Contract Law Banking Law Possession Strike Out (no Reasonable Defence) Counterclaim +3 more

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Parties

HANG SENG FINANCE LIMITED

Plaintiff (mortgagee Bank)

HO YUEN CHAK

Defendant (registered Owner)

Procedural Posture

Civil Action Mortgage/possession / Application to Strike Out Defence and Counterclaim; Judgment on Possession and Payment Granted

Legal Issues

  1. 1 Whether the defendant's defence and counterclaim disclose a reasonable defence
  2. 2 Whether the mortgagee is entitled to possession after demand despite the alleged reduction of indebtedness below facility limit
  3. 3 Whether the plaintiff's interest calculation was incorrect

Ratio Decidendi

The defence and counterclaim disclosed no reasonable defence; the mortgage entitled the plaintiff to possession upon default and the counterclaim does not bar possession; there was no reasonable prospect of repayment to justify adjourning or suspending the possession order, so the defence and counterclaim were struck out and judgment for the plaintiff entered.

Court Disposition

Defendant's defence and counterclaim struck out; judgment entered for the Plaintiff for payment and possession.

Orders

  • Order for payment by the Defendant to the Plaintiff of HK$154,621.74 as at 7 December 2006, thereafter at judgment rate until payment.
  • Order for delivery up by the Defendant to the Plaintiff of vacant possession of the premises within 28 days after service of this order.