22 Jul 2005
BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
- Citation
- BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA7769/2000
The court found the defendants failed to prove the alleged oral agreements; contemporaneous documents and witness credibility supported plaintiff; the originating summons had been ordered to continue as if begun by writ so Order 88 rule 5(2) did not require production of original mortgage at trial; loss of the original mortgage and variation deed was proved on the balance of probabilities and did not defeat enforcement; judgment was entered for the plaintiff for the stated sums with interest and full indemnity costs and an order for delivery of vacant possession absent repayment.