Hong Kong Case Law: Decisions & Judgments

Topic

Second legal charge

Legal area

Court

25 Apr 2025

KINGSTON FINANCE LTD v. GAINCOURT LTD AND OTHERS

Citation

[2025] HKCFI 1731
Court

Court of First Instance
Case number

HCMP369/2024

The summons for retrospective leave to extend time to appeal was dismissed because D1 and D2 offered inexcusable delay, produced no affidavit evidence from a director to rebut attribution of D3's knowledge to the companies or to explain the merits of their proposed appeal, and therefore failed to show the requisite real prospect of success necessary to justify extending time; case management and prejudice considerations further supported refusal.
10 Aug 2017

THE BANK OF EAST ASIA, LTD v. SUPER GLOW INTERNATIONAL LTD AND ANOTHER

Citation

THE BANK OF EAST ASIA, LTD v. SUPER GLOW INTERNATIONAL LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP3109/2016

The court found the defendants' account of non est factum not believable in the context of the undisputed background and documentary evidence, including related corporate approvals and subsequent counter-signing of facility letters; accordingly the non est factum defence failed and the Bank was entitled to summary judgment for the claimed sums, interest, vacant possession (as to SG) and costs nisi on an indemnity basis.
16 Jul 2002

TONG WING HONG v. SIU SHING CHUNG

Citation

TONG WING HONG v. SIU SHING CHUNG
Court

District Court
Case number

DCMP204/2002

Documentary evidence (land search, assignment and executed second legal charge), corroborating witness testimony and the circumstances of the transaction established that the second legal charge was executed and not discharged; the 21 December 1995 cheque was found to be payment of commission to intermediaries, and the Plaintiff failed to rebut the presumption of knowledge of the documents; therefore the application for a declaration and release failed.
23 Nov 2000

WOO CHIU LIN v. LEUNG CHI YING

Citation

WOO CHIU LIN v. LEUNG CHI YING
Court

Court of First Instance
Case number

HCMP4493/1999

Master Lung's order to continue the proceedings as if begun by writ was correct because the affidavits raised clear and substantial issues of fact (interpretation/understanding of the charge, disputed payment of interest and potential contravention of s.24 Cap.163), making the matter unsuitable for determination by Originating Summons; the appeal is dismissed.
27 Jul 1999

KWOK YING LUNG v. KO CHI HUNG AND ANOTHER

Citation

KWOK YING LUNG v. KO CHI HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMP209/1999

The Court set aside Master Muttrie\'s order and directed that the matter cannot be finally determined on affidavit evidence alone; the case is adjourned for argument with deponents of affidavits to be produced for cross-examination so that the issues whether the plaintiff is an unlicensed moneylender and whether the transaction is extortionate under s.25(3) can be determined on oral evidence.

Hong Kong Case Law

KINGSTON FINANCE LTD v. GAINCOURT LTD AND OTHERS

THE BANK OF EAST ASIA, LTD v. SUPER GLOW INTERNATIONAL LTD AND ANOTHER

TONG WING HONG v. SIU SHING CHUNG

WOO CHIU LIN v. LEUNG CHI YING

KWOK YING LUNG v. KO CHI HUNG AND ANOTHER