8 Jul 2020
FIELD FINANCE LTD v. SECK KING CHUNG AND ANOTHER
- Citation
- [2020] HKDC 514
- Court
- District Court
- Case number
- DCMP3334/2019
The plaintiff, as a secured creditor under an executed second legal charge, was entitled to enforce its security without leave under BO s12(2); partition was impracticable due to building licence and deed of mutual covenants so an order for sale under PO s6 was appropriate; plaintiff proved compliance with MLO and the contractual debt including entitlement to contractual interest at 30% p.a.; summary determination under O28 r4(1) justified the grant of orders for sale and summary assessment of costs in plaintiff’s favour.