8 Dec 1995
STARTFORD LIMITED v. LAM MUI FONG
- Citation
- STARTFORD LIMITED v. LAM MUI FONG
- Court
- Court of First Instance
- Case number
- HCMP91/1995
The defendant's defenses failed: non est factum did not apply because she knew she was granting security; there was no misrepresentation by the plaintiff as no agency or knowledge was shown; illegality did not defeat the plaintiff's claim because the plaintiff was a third party who gave value and there was no evidence of knowledge of illegality; failure to notify the first mortgagee does not bar the claim but requires an order nisi to permit the first mortgagee to apply to be joined and protect its prior rights.