Hong Kong Case Law: Decisions & Judgments

Topic

Monetary judgment

Legal area

Court

16 Jul 2024

TALENT HUB CAPITAL LTD v. CHUNG KWING YAM AND ANOTHER

Citation

[2024] HKDC 1178
Court

District Court
Case number

DCMP4867/2023

Plaintiff established default and entitlement to judgment for HK$1,178,904; the contractual overdue interest clause is a freestanding term permitting post-judgment interest at 24% p.a.; the s18 MLO memorandum requirements were satisfied and the Second Mortgage is enforceable to a maximum of HK$2,000,000; sale of the whole property ordered because physical partition is impracticable or would be prejudicial; costs awarded to plaintiff on solicitor and own client basis of HK$110,000 and other sale directions ordered.
15 Sept 2023

EGO FINANCE LTD v. CHEUNG LAM FONG AND OTHERS

Citation

[2023] HKDC 1287
Court

District Court
Case number

DCMP3073/2022

The court entered judgment against the 1st and 3rd defendants for the outstanding loan because the plaintiff complied with statutory and procedural requirements and the 3rd defendant assumed primary liability; the court refused an order for possession because the plaintiff held only a half share and possession of the whole would cause undue hardship; the court granted an order for sale of the whole property under the Partition Ordinance because partition was impracticable and the plaintiff, as a person interested, is entitled to seek sale; costs were awarded on an indemnity basis subject to d…
11 Jul 2023

AMERICAN WILSON FINANCE LTD v. CHING YONG ANDY AND ANOTHER

Citation

[2023] HKCFI 1786
Court

Court of First Instance
Case number

HCMP742/2022

The plaintiff, as assignee of the loans and registered mortgages, was entitled to monetary judgment against the 1st defendant for the outstanding indebtedness; the 1st defendant's mortgage of his share severed the joint tenancy making the plaintiff a person interested in the Property; partition was impracticable and not beneficial, and absent any evidence of hardship from the defendants the Court should order possession and sale of the Property under the Partition Ordinance and the Rules of the High Court.
21 Jun 2023

MAXCOLM FINANCE LTD v. TONG LO MING AND OTHERS

Citation

[2023] HKDC 845
Court

District Court
Case number

DCMP955/2023

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.
20 Feb 2023

HONG KONG FINANCE (PERSONAL LOAN) LTD v. CHEUNG SOOK YING CYRILLA AND ANOTHER

Citation

[2023] HKDC 272
Court

District Court
Case number

DCMP3719/2022

The court awarded monetary judgment and an order for sale because the indebtedness was due, the loan agreements complied with statutory requirements and charged lawful interest, the defendants offered no defence, the mortgage default vested contractual rights to possession and sale in the plaintiff, the plaintiff as mortgagee is a "person interested" under s3(1) of the Partition Ordinance, and physical partition was impractical so sale was in the parties' interests with protections such as a reserved price and a professional valuation.
10 Dec 2020

EDISON NORGE AS v. BZZ LIMITED AND OTHERS

Citation

[2021] HKCFI 135
Court

Court of First Instance
Case number

HCA74/2020

Default judgment entered against 1st, 2nd, 5th and 9th defendants because they were properly served and failed to defend; bank records and affidavits establish on balance of probabilities that the plaintiff owned the sums paid into those defendants' accounts so monetary judgments and limited declarations of proprietary interest are granted for identified sums; broader declarations (minimum balance constructive trusts and tracing into subsequent assets) are refused on default due to insufficient evidence to bind third parties or establish movements after identified dates; interest awarded at H…

Hong Kong Case Law

TALENT HUB CAPITAL LTD v. CHUNG KWING YAM AND ANOTHER

EGO FINANCE LTD v. CHEUNG LAM FONG AND OTHERS

AMERICAN WILSON FINANCE LTD v. CHING YONG ANDY AND ANOTHER

MAXCOLM FINANCE LTD v. TONG LO MING AND OTHERS

HONG KONG FINANCE (PERSONAL LOAN) LTD v. CHEUNG SOOK YING CYRILLA AND ANOTHER

EDISON NORGE AS v. BZZ LIMITED AND OTHERS