10 Dec 2021
TAN WAI KEE v. MARSPAN LTD AND ANOTHER
- Citation
- [2021] HKCFI 3707
- Court
- Court of First Instance
- Case number
- HCA1852/2020
The court held that CS Credit was a bona fide purchaser/mortgagee for value without notice as against both Tan and Far East. Legally sufficient elements (bona fides, legal estate, value) were proved and there were no facts known to CS Credit that would have given rise to constructive notice or serious cause to inquire. The alleged concealed room and the payment of the 1996 premium did not establish constructive notice or causal link to a prior equitable interest; the estoppel claim failed for lack of attributable knowledge. The MLO limited recoverable default interest/fees, and money judgment…