29 Dec 2020
ALLIED TREASURE INVESTMENT LTD v. CHAN KA LING AND ANOTHER
- Citation
- [2020] HKCFI 3135
- Court
- Court of First Instance
- Case number
- HCMP1700/2016
On strict construction of the POA (clause 6 and 7), the Father did not have authority to obtain a loan or charge the Properties for his own benefit as co-borrower; the lender ought to have been aware the Father acted outside his authority and/or in breach of fiduciary duty; accordingly the mortgage and related instruments are not enforceable against the Daughter, whereas the Father is personally liable to the lender under the loan agreement.