Hong Kong Case Law: Decisions & Judgments

Topic

Order 88 originating summons

Legal area

Court

20 Mar 2026

YEUNG FUK KWONG AND OTHERS v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

Citation

[2026] HKCFI 1608
Court

Court of First Instance
Case number

HCA1104/2024

The Bank proved a prima facie case under Order 88; the Defendants’ misrepresentation and mistake defences are not bona fide given contradictory written documentation and conduct; the prevention principle is inapplicable because the Defendants failed to show causation between the Bank’s alleged breaches and the Bank’s right to demand repayment; claims of advisory breach and failure to execute are triable matters for the HCA action and do not bar the Bank from obtaining summary enforcement, therefore the Bank is entitled to enforcement, vacant possession and costs as ordered.
11 Mar 2026

TOTAL EXPRESS CAPITAL STRATEGY LTD v. YEUNG KA YEE CARRIE AND OTHERS

Citation

[2026] HKCFI 1595
Court

Court of First Instance
Case number

HCMP1984/2024

The 1st Defendant failed to establish any credible or triable defence on the affidavit evidence; contemporaneous documents and conduct contradict her allegations; the Plaintiff is entitled to monetary judgment against the 1st Defendant, to enforce the Mortgage over the 1st Defendant's one‑third share and to an order for sale of the Property under the Partition Ordinance; costs awarded on an indemnity basis summarily assessed at HK$350,000.
7 Feb 2018

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. SY SHUN WU AND OTHERS

Citation

[2018] HKCFI 247
Court

Court of First Instance
Case number

HCMP3269/2016

The asserted collateral agreement was inherently implausible given the standard contractual clause and the absence of contemporaneous complaint or evidence; the misrepresentation and undue influence defences were unsupported by credible evidence and did not raise triable issues. Therefore the Master's order allowing continuation as if by writ was overturned and the appeal allowed.
6 Nov 2002

BANK OF CHINA (HONG KONG) LTD. v. TOWER PROPERTY LTD. AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD. v. TOWER PROPERTY LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP3254/2002

The court held that the plaintiff, by virtue of the Mortgage's survival clause and the Merger Ordinance, stood in the shoes of Kwangtung Provincial Bank and was entitled to enforce the mortgage in its own name; the SP Agreement did not deprive KPB of the legal interest necessary to sue (and in any event the plaintiff succeeded to that interest); the servicing agreement and power reinforced plaintiff's authority; defendants failed to establish any arguable defence (no valid compromise agreement, certificate of indebtedness binding, no actionable negligence, valid appointment of receivers); acc…

Hong Kong Case Law

YEUNG FUK KWONG AND OTHERS v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

TOTAL EXPRESS CAPITAL STRATEGY LTD v. YEUNG KA YEE CARRIE AND OTHERS

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. SY SHUN WU AND OTHERS

BANK OF CHINA (HONG KONG) LTD. v. TOWER PROPERTY LTD. AND OTHERS