Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage refusal
  • 19 Aug 2016

    CHU YIN FAN v. INTER RIVERS LTD

    Citation
    CHU YIN FAN v. INTER RIVERS LTD
    Court
    District Court
    Case number
    DCCJ4314/2012

    On the affidavit material the court concluded that it was arguable there was no real risk that the missing original Assignment would give rise to a successful prior encumbrance; under De Monsa missing documents alone do not entitle a purchaser to refuse completion absent real risk; the defendant raised triable factual issues (including best endeavours to obtain finance and causation of bank refusal) and therefore had an arguable defence — summary judgment was inappropriate and defendant was given unconditional leave to defend.