Hong Kong Case Law: Decisions & Judgments

Topic

Second mortgage

Legal area

Court

26 Feb 2026

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. LAM YEE CHUN

Citation

[2026] HKCFI 910
Court

Court of First Instance
Case number

HCA2072/2024

Certificates for two counsel were granted because the complications and consequences justified two counsel; Mr Lam’s application to reduce solicitor-and-own-client costs failed because the guarantee provided for such costs and his conduct (including lack of credibility) warranted the award; Orient Profit’s attempt to cap its costs liability to mortgage proceeds failed because contractual terms cannot fetter the court’s discretion and would create moral hazard; costs are to follow the event and be taxed and assessed by the master in the usual way, with no summary assessment of the variation ap…
30 May 2025

KONEW CAPITAL INTERNATIONAL LTD v. TSE KWAN HUNG AND ANOTHER

Citation

[2025] HKDC 901
Court

District Court
Case number

DCMP959/2025

On the evidence and compliance with procedural requirements the 1st Defendant defaulted, the plaintiff validly accelerated the debt and is entitled to judgment for the specified sums, to take possession under the Second Mortgage and to an order for sale under the Partition Ordinance because partition is impracticable and sale is just and reasonable; costs were awarded to the plaintiff on an indemnity basis against the 1st Defendant.
2 Jul 2024

KONEW CAPITAL INTERNATIONAL LTD v. LAM WING FAI AND ANOTHER

Citation

[2024] HKDC 1067
Court

District Court
Case number

DCMP4969/2023

The 1st defendant admitted liability so money judgment was entered; the plaintiff is a bona fide purchaser for value without notice and thus has priority; partition is impracticable and the 2nd defendant failed to prove very great hardship, therefore the court exercised its discretion under the Partition Ordinance and Order 88 RDC to order sale of the Property subject to the specified reserved price and distribution priorities.
25 Jan 2024

東盈投資有限公司對陳寶榮

Citation

[2024] HKCA 92
Court

Court of Appeal
Case number

CACV465/2022

The appeal was dismissed because the appellant’s arguments were identical to points already considered and rejected by earlier judgments (including CACV 8/2020 and CAMP 55/2020) and therefore barred by res judicata/issue estoppel; accordingly the judge correctly revoked the disclosure application and dismissal of the appeal was upheld, with costs awarded to the respondent.
20 Jul 2023

MAXCOLM FINANCE LTD v. CHAN CHI KWONG AND ANOTHER

Citation

[2023] HKDC 1152
Court

District Court
Case number

DCMP4501/2022

Because the plaintiff as mortgagee was contractually entitled to possession on default and satisfied statutory formalities, it is a 'person interested' under the Partition Ordinance and entitled to a money judgment for the outstanding indebtedness, a possession order and an order for sale of the property; no defence was raised by defendants.
6 Apr 2020

東盈投資有限公司對陳寶榮

Citation

[2020] HKCFI 454
Court

Court of First Instance
Case number

HCA2211/2015

The defendant's application was dismissed because it was vague, unsupported and the defendant failed to show an arguable appeal or exceptional circumstances to displace the ordinary rule that costs follow the event; the plaintiff's application was allowed because clause 22(iii) of the second mortgage expressly entitled recovery of reasonable costs including legal expenses on a solicitor-and-own-client basis and the plaintiff proved service of its summons; accordingly costs for the two summonses were ordered against the defendant and assessed on a solicitor-and-own-client basis at HK$80,000.
23 Jan 2020

SUN HUNG KAI CREDIT LTD v. WONG PO LING

Citation

[2020] HKCFI 211
Court

Court of First Instance
Case number

HCA2282/2018

Appeal dismissed because defendant defaulted on the secured loan, produced no evidence of a reasonable prospect of repayment to justify suspending possession, and the court had no basis to discharge charging orders registered by third parties; costs awarded on an indemnity basis under the contractual provisions.
4 Nov 2019

TREASURE SPOT FINANCE CO LTD v. HO KUI LAI RICAHRD

Citation

[2019] HKCFI 2706
Court

Court of First Instance
Case number

HCA2684/2018

Appeal dismissed because defendant provided no convincing or new evidence that he could realistically sell the property or otherwise discharge the judgment debt; prior stays were already generous; the legal aid automatic stay had expired and did not alter the outcome; there were no special grounds to admit further evidence or to justify an additional stay of execution.
27 Mar 2019

TODAY IS FINANCE LTD v. TSUI MAN YIN SOPHIA AND ANOTHER

Citation

[2019] HKCFI 811
Court

Court of First Instance
Case number

HCMP3187/2015

Tsui signed the Loan Agreement and executed the Second Mortgage and failed to prove any recognised ground vitiating consent; the defendants' unsigned/uncross‑examined witness statements were given no weight; documentary evidence showed the loan was disbursed as pleaded. Therefore TIF was entitled to judgment on its claim.
29 Nov 2018

CHAMPION FOREVER GROUP LTD v. ADDCHANCE DYEING FACTORY LTD

Citation

[2018] HKCFI 2512
Court

Court of First Instance
Case number

HCMP2556/2017

The court refused summary judgment because material and contested factual issues existed concerning the existence, terms and effect of the alleged oral Collateral Repayment Agreement, the asserted fiduciary duties and the circumstances of the assignment of the Second Mortgage and debts; those disputes must be resolved at trial rather than on summary judgment.