28 Oct 2024
MAXFUL SAIL LTD v. YAU CHUNG WO JEREMIAH AND ANOTHER
- Citation
- [2024] HKCFI 2994
- Court
- Court of First Instance
- Case number
- HCA2003/2019
The Transfer was an absolute assignment in writing of Pun's rights under the Mortgage that satisfied s9 LAO Cap 23 and became effective on service of notice (17 October 2019); the Transfer was authentic and properly witnessed; the Mortgage must be construed to require payment of principal and interest and the HK$15,000 monthly payment is interest (4.5% p.a.); the 1840 default judgment cannot be relied on as a set-off because it was procured by material non-disclosure and constituted an abuse of process in the circumstances, save for proven partial repayments of HK$120,000; accordingly judgmen…