12 Mar 2020
DING HUIRONG v. CHINA TIMES SECURITIES LTD
- Citation
- [2020] HKCFI 376
- Court
- Court of First Instance
- Case number
- HCA365/2018
The Adam Loan Agreement and Collateral Agency Agreement, read as a whole, constituted a secured loan with the plaintiff retaining beneficial ownership and an equity of redemption; clauses purporting to waive or extinguish that equity (including provisions purporting to deny redemption or to allow retention of entire proceeds without obligation) are unlawful clogs and void; the legal question of construction was suitable for determination under Order 14A despite other factual disputes because the facts necessary to decide the legal issue were before the court.