4 Oct 2024
Because the defendant did not timely oppose the costs schedule and certain claimed items were excessive, the court reduced the charges in items C1, D1 and D2 and assessed the defendant's liability for costs at HK$61,500, payable to the plaintiff on a summary basis.
27 Jul 2023
Even taking the intervener's case at highest, the mortgage loan and registered legal charge bind the property and the intervener is estopped from asserting an interest adverse to the bank given his knowledge and conduct; the intervener failed to adduce credible contemporaneous evidence to raise a triable issue or show ability/willingness to redeem the mortgage, therefore the originating summons was properly determined summarily in favour of the plaintiff and judgment entered for repayment and vacant possession.
21 Jun 2023
Plaintiff established entitlement to recover outstanding principal and interest (including permitted interest on interest under s22(1) proviso), and the Legal Charge conferred right to possession and sale; physical partition was impracticable so sale under Partition Ordinance s6(1) was appropriate; attempted later registration by a third party does not defeat the registered Legal Charge's priority; procedural requirements were satisfied; therefore monetary judgment, possession and order for sale and costs were granted.
18 Apr 2023
The court found on the balance of probabilities that there was no loan or oral representations rendering the Agreement and PSPA void; the Agreement and PSPA were binding contracts; Cheng breached the implied term not to obstruct the Development by asking the Lands Department to suspend applications; consequentially Plaintiffs were not granted specific performance but were awarded damages (HKD4,368,000 to Hung and Chan; HKD2,910,000 to Ng) with interest; Cheng's counterclaim was dismissed and costs were awarded to Plaintiffs.
13 Jun 2022
On the evidence the company (Ngong Wo) provided the purchase and renovation funds so a resulting trust arose in its favour; however Fu Tat was a bona fide mortgagee without actual or constructive notice and its registered legal charge takes priority, entitling Fu Tat to possession despite the established beneficial interest.
15 Sept 2021
Defendant breached the loan agreement by non-payment; the court rejected the Defendant’s testimony and found no collusion between the Plaintiff and Ngai Fung/agents so ss27/29 MLO were not contravened; accordingly the full sum of HK$1.35 million was advanced and the contractual interest rate of 36% p.a. was enforceable (subject to MLO provisos) and Plaintiff entitled to recover principal HK$1.35 million, two unpaid instalments totalling HK$81,000, and pre- and post-judgment interest at 36% p.a. as quantified by the court; claim for vacant possession was not pursued by Plaintiff prior to judgm…
4 Jun 2021
Because the defendants signed the mortgage and guarantee and produced no admissible evidence to displace contractual rights, and because the plaintiff complied with Order 88 and proved the sums due by signed statements of account, the plaintiff is entitled to judgment for the amounts claimed, default interest as contractually provided and an order for possession and costs on an indemnity basis.
24 Sept 2020
Summary judgment was dismissed because the amended pleadings failed to identify clearly the agreement relied upon and the documentary record contained material inconsistencies and gaps (undated and incomplete instruments, lack of contemporaneous evidence as to the purpose of payments), giving rise to genuine triable issues whether the monies were loans and whether liabilities had been novated away from Mr Chan such that summary determination was inappropriate.
9 Sept 2020
Defendants failed to appear and did not challenge the Plaintiff's satisfactorily documented loan and charge; therefore the Plaintiff proved the debt and its entitlement to enforce the Legal Charge, and judgment was entered for the Plaintiff including enforcement by possession.
21 Aug 2019
The court declined to dispose of the matter summarily because material factual issues remained (notably the state of account, the priority and effect of other encumbrances, and the consequences of non-registration and the receivership), and therefore ordered the proceeding to continue as if begun by writ with directions for pleadings and limited procedural steps rather than granting summary determination.