24 Mar 2001
KONEW FINANCE LTD v. CHAN WAH KAN AND ANOTHER
- Citation
- KONEW FINANCE LTD v. CHAN WAH KAN AND ANOTHER
- Court
- District Court
- Case number
- DCCJ1288/2001
The agreements and any purported security were unenforceable because they constituted a 'purport to charge' land subject to the Housing Ordinance and were therefore void under s.17B; additionally the written memoranda failed to set out all required terms under s.18(2) MLO (notably form of security and place of completion), and the court declined to exercise its s.18(3) discretion to enforce any part of the agreements given the circumstances (parties' unequal bargaining power, misleading solicitor conduct and a scheme to bypass the Housing Ordinance).