31 Mar 2023
SHANGHAI COMMERCIAL BANK LTD v. LEE YAU TAK AND ANOTHER
- Citation
- [2023] HKCA 450
- Court
- Court of Appeal
- Case number
- CACV576/2021
The Court of Appeal allowed the appeal because the 2nd Defendant had adduced sufficient evidence to raise a reasonably arguable case that a common intention constructive trust exists, such that the issue should be determined at a full trial rather than summarily; consequently the judge erred in concluding there was no right to redeem and that the outcome would be the same. Questions as to whether the mortgagee impeded redemption and the correct payoff amounts require trial determination.