Hong Kong Case Law: Decisions & Judgments

Topic

Priority of mortgages

Legal area

Court

8 Mar 2021

KONEW CAPITAL INTERNATIONAL LTD v. TSANG SHAR WING AND ANOTHER

Citation

[2021] HKDC 286
Court

District Court
Case number

DCMP3893/2019

Plaintiff complied with statutory and procedural requirements, an event of default occurred, plaintiff as a second mortgagee is a person interested under the Partition Ordinance and entitled to possession and sale; partition was impracticable and discretionary factors favoured sale; accordingly money judgment, possession, order for sale and contractual indemnity costs were granted.
7 May 2020

GLORY SKY FINANCE LTD v. WONG KOON YEE AND OTHERS

Citation

[2020] HKCFI 712
Court

Court of First Instance
Case number

HCMP2378/2017

D3 made a false representation that there were no other loans on the property; the Plaintiff relied on that representation when it discharged its prior mortgage and executed the Receipt on Discharge; that accord is therefore voidable for misrepresentation and the Receipt on Discharge must be rescinded and its registration vacated. The Intervener did not rely on the Receipt on Discharge when taking its mortgage and therefore its rights are not destroyed by rescission and do not bar relief.
27 Nov 2014

KINGSWAY FINANCE LTD v. WANG QINGYI AND ANOTHER

Citation

KINGSWAY FINANCE LTD v. WANG QINGYI AND ANOTHER
Court

Court of Appeal
Case number

CACV189/2013

The Court held Kingsway was entitled to equitable subrogation: having advanced money to discharge prior securities in the expectation of first priority, Kingsway would otherwise suffer an unjust loss and Wing Wui an unjust enrichment; intention is relevant but not determinative; subrogation can operate more than once; and s45 CPO and policy did not bar the equitable remedy. The appeal was dismissed.

Hong Kong Case Law

KONEW CAPITAL INTERNATIONAL LTD v. TSANG SHAR WING AND ANOTHER

GLORY SKY FINANCE LTD v. WONG KOON YEE AND OTHERS

KINGSWAY FINANCE LTD v. WANG QINGYI AND ANOTHER