15 Jul 2025
EGO FINANCE LTD v. CHAN LAP CHUNG AND ANOTHER
- Citation
- [2025] HKDC 1141
- Court
- District Court
- Case number
- DCMP339/2024
The court granted summary money judgment because the Loan Agreement and MLO/Order 83A requirements were satisfied and the 1st Defendant defaulted; the Legal Charge is enforceable and entitles the Plaintiff to vacant possession under Order 88; as a legal chargee the Plaintiff may seek sale under the Partition Ordinance and partition is impractical given the flat's size and design; the 2nd Defendant failed to prove a life interest by common intention constructive trust or very great hardship, therefore an order for sale was appropriate; costs awarded on indemnity basis at HKD100,000.