23 Jan 2008
BANK OF CHINA (HONG KONG) LTD v. WELL LOK PRINTING LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. WELL LOK PRINTING LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV386/2006
The court found that the particular facts (wife's limited education, submissive marital dynamics, and the husband's omission to explain that the all‑monies charge would secure future and other liabilities) took the transaction out of the ordinary so that a presumption of undue influence arose; the bank was put on inquiry and failed to take reasonable steps (the solicitor's explanation was inadequate) to ensure the wife's informed consent, therefore the charge could not be enforced against the wife and the appeal was dismissed.