Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession by mortgagee

Legal area

Court

13 May 2024

YES CAPITAL LTD v. CHUI SAU CHI AND ANOTHER

Citation

[2024] HKDC 695
Court

District Court
Case number

DCMP5375/2023

The plaintiff satisfied the procedural and substantive requisites under RDC O83A and O88: proper service was effected, the loan and mortgage documentation supported enforcement, and partition was impracticable for the small residential unit; accordingly the court ordered vacant possession and sale under the Partition Ordinance subject to the first mortgagee's priority, and awarded costs to the plaintiff against the 1st defendant on an indemnity basis.
16 Apr 2024

KONEW CAPITAL INTERNATIONAL LTD v. LAU KWAN PAK AND ANOTHER

Citation

[2024] HKDC 624
Court

District Court
Case number

DCMP5862/2023

Plaintiff satisfied statutory and procedural requirements: the Loan Agreement complied with MLO, the 1st defendant defaulted, and RDC requirements for money judgment and possession were met; as second mortgagee the plaintiff is entitled to possession and to an order for sale under the Partition Ordinance, but all relief is granted subject to the rights of the prior first mortgagee; costs awarded on indemnity basis against the 1st defendant and no costs against the 2nd defendant.