Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Encumbrances (mortgage)
  • 8 Oct 1976

    CHU YEN ESTATES LTD v. HO SAU KI

    Citation
    CHU YEN ESTATES LTD v. HO SAU KI
    Court
    Court of First Instance
    Case number
    HCA1029/1976

    The court found as a fact that the solicitor held the purchase money as agent for the defendant because the defendant treated and instructed the solicitor as his agent and received part of the purchase money; the execution and delivery of the assignment acknowledging receipt completed the vendor's obligation to deliver the property free of encumbrances and entitled the plaintiff to relief — the defendant must discharge the mortgage or pay sums to enable the plaintiff to discharge it; specific performance and consequential orders were therefore appropriate.