Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage contingency
  • 11 Mar 2011

    LAU CHI WING v. NG KA HI

    Citation
    LAU CHI WING v. NG KA HI
    Court
    District Court
    Case number
    DCCJ1689/2010

    The Defence discloses an arguable defence because, on proper construction of the Agreement as a whole, clause 18/Fourth Schedule is silent as to the fate of deposits when the mortgage contingency is triggered and it is arguable that the amounts described as deposits may be forfeited on the purchaser's failure to complete; accordingly there are triable issues and summary judgment and striking out must be refused.