Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Notice to mortgagee

Legal area

Court

13 Feb 2008

FLYING MORTGAGE LTD v. CHAN KUEN KWONG AND OTHERS

Citation

FLYING MORTGAGE LTD v. CHAN KUEN KWONG AND OTHERS
Court

District Court
Case number

DCCJ5004/2006

The applicant produced sufficient evidence of a potential equitable interest and continuous occupation such that a live issue exists as to whether the plaintiff was put on notice; accordingly the applicant should be permitted to be joined as an additional defendant without needing to meet the higher threshold applicable to setting aside default judgment.
30 Dec 1999

WING HANG BANK, LTD. v. TSANG SZE YIN AND OTHERS

Citation

WING HANG BANK, LTD. v. TSANG SZE YIN AND OTHERS
Court

Court of First Instance
Case number

HCMP1689/1998

Where an occupier who was not a party to the originating proceedings claims an equitable interest, the occupier is entitled to be joined and have the substantive claim determined against the mortgagee without first satisfying default judgment set‑aside tests; because a triable issue existed on whether the bank had notice of the occupier, the Master’s dismissal of the summons to set aside was overturned and the intervener permitted to proceed to a substantive hearing.