15 Apr 2025
SUN HUNG KAI CREDIT LTD v. GUAN WENNA
- Citation
- [2025] HKDC 547
- Court
- District Court
- Case number
- DCCJ2294/2021
Although the defendant was induced to enter into the loan and mortgage by third‑party fraud (misrepresentation, duress and undue influence), the plaintiff had neither actual nor constructive notice and the fraudsters were not agents of the plaintiff; therefore the agreements remain enforceable, the defendant is liable to repay the loan with interest and the mortgage may be enforced; the counterclaim is dismissed and costs awarded to the plaintiff on an indemnity basis.