29 Aug 2025
JUST CONDUCT LTD v. CHINA RISE FINANCE COMPANY LTD AND OTHERS
- Citation
- [2025] HKCFI 3875
- Court
- Court of First Instance
- Case number
- HCA2283/2018
The First Mortgage and 2014 Loan Agreement were void: the First Mortgage was not properly executed under Companies Ordinance (only one director signed) and there was no authority to bind Just Conduct; China Rise had constructive knowledge of the irregularities and therefore could not rely on ostensible authority/indoor management; the Parents established non est factum in relation to the 2016 Board Minutes and the Further Mortgage, rendering them void ab initio. Consequently both registered mortgages should be vacated from the Land Registry.