16 Mar 2005
BANK OF CHINA (HONG KONG) LTD v. CREATIVE FAR EAST LTD
- Citation
- BANK OF CHINA (HONG KONG) LTD v. CREATIVE FAR EAST LTD
- Court
- Court of Appeal
- Case number
- CACV277/2004
On the facts the plaintiff, as mortgagee in possession, held an independent legal entitlement to rents and service charges after taking possession; there was no evidence the plaintiff was the assignee of the defendant's alleged overpayments or had assumed the landlord's personal liabilities, and therefore the defendant's asserted equities could not be set off against the plaintiff's claim; the summary judgment and striking out of the counterclaim were correct and the appeal must be dismissed.