2 Feb 2005
THE DAIWA BANK, LTD v. SHUM SHEK CHIU t/a LUNG TAT CO AND ANOTHER
- Citation
- THE DAIWA BANK, LTD v. SHUM SHEK CHIU t/a LUNG TAT CO AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP4020/2000
The 2000 Order was valid and binding, the substituted plaintiff was entitled to enforce it by writ of possession and fieri facias; Order 88 applied because the claim was based on the Legal Charge and the 2nd defendant was a mortgagor and principal debtor; relief under Order 45 r11 was not available because the matters relied on occurred before the 2000 Order; accordingly the summons to discharge or stay the writ failed and the appeal was dismissed with costs on an indemnity basis.