31 Oct 2013
BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3324/2002
On the facts the 4th defendant failed to prove undue influence; although the bank was put on inquiry, the primary issue disposed the claim — absence of proven undue influence — therefore the Legal Charge was enforceable against the 4th defendant; the bank was entitled to contractual interest at 11.125% p.a. from 2 July 2002 to 5 December 2002 on the stated sum and judgment interest thereafter under s.49 HCO; the 4th defendant's counterclaim to rescind the charge is dismissed.