25 Feb 2025
THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD v. CHAN HENG FUNG
- Citation
- [2025] HKCFI 860
- Court
- Court of First Instance
- Case number
- HCMP728/2024
The Defendant had not given the bank any instruction to apply his account funds or interest to the secured indebtedness; the injunction prevented the bank from lawfully applying the funds; the exceptions did not encompass repayment of the mortgage debt and there was no evidence assets exceeded the injunction ceiling; accordingly the bank had no duty to use the account funds or interest to repay the indebtedness and the Master's order was correctly made.