28 Jan 2010
HANG SENG BANK LTD v. LEUNG SHUI CHUNG AND ANOTHER
- Citation
- HANG SENG BANK LTD v. LEUNG SHUI CHUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1784/2008
The court held that the bank had implemented all appropriate safeguards: its solicitors explained the transaction, issued a clear warning notice and offered independent legal advice which the mortgagor expressly declined in writing; there was no evidence of agency, collusion or that the bank had actual or constructive notice of undue influence. The mortgage's all‑monies clause bound the mortgagor for subsequent advances. Accordingly there were no triable issues warranting setting aside the summary judgment and the Master's judgment was properly entered and must stand.