17 Nov 2023
CHINA CITIC BANK INTERNATIONAL LTD formerly known as CITIC BANK INTERNATIONAL formerly known as CITIC KA WAH BANK LTD v. LI YAN HUNG AND OTHERS
- Citation
- [2023] HKCFI 2978
- Court
- Court of First Instance
- Case number
- HCMP2208/2019
Leave to issue the third party notice was refused and the Master’s order set aside because the intended third party claims were frivolous and bound to fail: the declaration of trust was unregistered and could not have caused actionable loss to a bona fide registered mortgagee under the LRO; the 1st defendant’s rescission allegations were incredible in light of contemporaneous documents (confirmation letter and attendance notes) and her own admissions; consequently there was no prima facie case to justify third party proceedings and P’s Summons was dismissed.