Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage/security

  • 17 Oct 2014

    CHAN PING CHE v. GAO GUNTER

    Citation
    CHAN PING CHE v. GAO GUNTER
    Court
    Court of First Instance
    Case number
    HCA2134/2013

    Although the cheques were dishonoured and the loans were in default, summary judgment was not entered because the enforceability of the loan agreements raises substantive issues under the Money Lenders Ordinance (notably ss22 and 24 and Schedule 1) that require full trial examination. The defendant's 'roll‑over' defence was treated as a sham, but on balance the defendant was granted leave to defend provided he pays into court the principal amount of the three loans less payments already made; costs to be in the cause.

  • 31 Jan 2008

    RE SWEETMART GARMENT WORKS LTD

    Citation
    RE SWEETMART GARMENT WORKS LTD
    Court
    Court of First Instance
    Case number
    HCCW755/2005

    The mortgage was an unfair preference and void because it was granted within six months of the winding up petition when the Company was insolvent, and the circumstances (bank correspondence showing consistent demands but limited tactical threats, the markedly more aggressive steps by other creditors, the absence of any meaningful commercial benefit to the Company from the loan which merely repaid existing overdrafts and overdue trust receipts, and the offering of security despite personal bankruptcy risks to directors) established that the Company was influenced by a desire to improve the Ban…

  • 21 Nov 2000

    EDWARD WONG FINANCE CO. LTD. v. PROFIT MAKING INVESTMENT LTD. AND OTHERS

    Citation
    EDWARD WONG FINANCE CO. LTD. v. PROFIT MAKING INVESTMENT LTD. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA3022/2000

    The Registrar erred in granting unconditional leave to defend because the defendants' asserted defence (an oral assurance to provide a 70% mortgage) is precluded by the written entire agreement clauses, is unsupported by documentary evidence and is contradicted by the parties' conduct, so there is no real or bona fide defence; accordingly the Registrar's order is set aside and judgment entered for the plaintiff in terms of prayers 1–3.

  • 20 Aug 1999

    GUANGDONG CREDIT LTD. v. HONG KONG HANI FINANCE CO. LTD.

    Citation
    GUANGDONG CREDIT LTD. v. HONG KONG HANI FINANCE CO. LTD.
    Court
    Court of First Instance
    Case number
    HCA8827/1998

    Summary judgment was refused because there were significant disputed facts and credibility issues (timing of documents, absence of documentary records, control of company by third party) necessitating oral evidence and cross-examination; the defendant's counterclaim was struck out because the Settlement Instruction showed the 50 million warrants were held for China Hani and the defendant acquired no proprietary right by repaying China Hani, so the counterclaim disclosed no reasonable cause of action (subrogation presumption rebutted).

  • 12 May 1969

    FAR EAST BANK LTD v. RONALD LI-KAI CHU AND ANOTHER

    Citation
    FAR EAST BANK LTD v. RONALD LI-KAI CHU AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA85/1969

    On the first defendant's admission of liability under the written guarantee and given the absence of any arguable defence amounting to an equitable set-off (the alleged undertaking re mortgaged properties was unrelated to the overdraft and guarantee), the bank was entitled to judgment against both defendants for the sum calculated on a simple interest basis; no stay of execution was warranted.