17 Jun 2009
HONG KONG FINANCE CO LTD v. SO DAH WAI JOHN also known as JOHN SO AND ANOTHER
- Citation
- HONG KONG FINANCE CO LTD v. SO DAH WAI JOHN also known as JOHN SO AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA614/2007
The judge found on credibility and facts that the solicitor properly explained the loan and mortgage and offered the opportunity for independent advice which both defendants declined; thus both knowingly and voluntarily executed the documents and are bound by them. The 2nd defendant's undue influence claim failed because consent was informed. The monetary claim was allowed subject to deduction of $4,000 for which no invoice or report was produced. Judgment for plaintiff with vacant possession and costs on the indemnity basis per the mortgage followed.