STANDARD CHARTERED BANK v. LUK SHIU WING AND ANOTHER

STANDARD CHARTERED BANK v. LUK SHIU WING AND ANOTHER

There was no defence to the bank's claim and no proper procedural basis to reopen or set aside the earlier possession and money judgment orders; the defendant's asserted mental illness and repeated applications did not meet the threshold for setting aside or granting further relief, so the appeal must be dismissed...

Source-derived case information.

Citation
STANDARD CHARTERED BANK v. LUK SHIU WING AND ANOTHER
Parties
Plaintiff: Standard Chartered Bank; 1st Defendant: Luk Shiu Wing; 2nd Defendant: Chan Wai Man Anna
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2004
Case Number
HCMP254/2004
Procedural Posture
Mortgage Possession and Money Judgment / Appeal From Master's Order (chambers)
Outcome
Appeal dismissed
Legal Topics
Possession, Money Judgment, Stay of Execution, Application to Set Aside Orders, Mental Incapacity Raised as Defence
Source Language
en
Civil Property Mortgages Civil Procedure Possession Money Judgment Stay of Execution Application to Set Aside Orders +1 more

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Parties

Standard Chartered Bank

Plaintiff

Luk Shiu Wing

1st Defendant

Chan Wai Man Anna

2nd Defendant

Procedural Posture

Mortgage Possession and Money Judgment / Appeal From Master's Order (chambers)

Legal Issues

  1. 1 Whether any defence exists to the plaintiff's claim for money judgment and possession
  2. 2 Whether the master's possession order can be reopened or set aside after being made
  3. 3 Whether the defendant's asserted mental illness justifies rehearing or stay of execution

Ratio Decidendi

There was no defence to the bank's claim and no proper procedural basis to reopen or set aside the earlier possession and money judgment orders; the defendant's asserted mental illness and repeated applications did not meet the threshold for setting aside or granting further relief, so the appeal must be dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Possession order and money judgment (24 June 2004) upheld