19 Apr 2022
ORIENT FIRST CAPITAL LTD v. YAU PAK MAN as representative of the estate of YAU FOOK SUM deceased AND ANOTHER
- Citation
- [2022] HKCFI 1113
- Court
- Court of First Instance
- Case number
- HCMP1337/2019
The mortgagors validly executed the Mortgage which by its terms secured indebtedness of both the individual and the company; the defences of lack of knowledge, misrepresentation, non est factum and partial rescission fail as a matter of law and fact, rescission is impracticable because restitution in integrum is impossible, and the Deed of Settlement expressly preserved plaintiff's rights; there is no triable issue and summary relief for the plaintiff is appropriate to enforce the Mortgage including possession and sums awarded.