17 May 2019
FANG MENG SUNG, JOHN v. LUK MAN LOK ROCKY AND OTHERS
- Citation
- [2019] HKCFI 1283
- Court
- Court of First Instance
- Case number
- HCMP1959/2009
On the balance of probabilities the loan was advanced to D2 and D3 (not D1); the Plaintiff failed to prove creation of an equitable mortgage by deposit of title deeds; the Plaintiff must return the title deeds to D1 as owner; the Legal Charge was voidable for solicitor's breach (abuse of confidence/material alteration) but rescission was refused on the facts; accordingly Plaintiff's claim against D1 is dismissed, D1's counterclaim for return of title deeds is allowed and D2/D3 counterclaim is dismissed.