Hong Kong Case Law: Decisions & Judgments

Topic

All-monies clause

Legal area

Court

31 Mar 2025

DBS BANK (HONG KONG) LTD v. EXTRA IDEAS LTD AND OTHERS

Citation

[2025] HKCFI 1324
Court

Court of First Instance
Case number

HCMP966/2024

The court held the 1st Mortgage and 1st Guarantee were drafted in wide terms (all‑monies/facility definitions) and the factual matrix and contemporaneous corporate resolutions showed CPL and Doreen appreciated and authorized those wide terms; Doreen's averments were not believable on the evidence and amounted to assertions of misrepresentation rather than undue influence; there was no evidence the bank had actual or constructive notice to put it on inquiry; consequently there were no triable issues and summary judgment was warranted in favour of the bank.
13 Mar 2018

STANDARD CHARTERED BANK (HONG KONG) LTD v. PAK KWAN HO AND ANOTHER

Citation

[2018] HKCFI 523
Court

Court of First Instance
Case number

HCMP1637/2015

The Legal Charge’s clause 1.03 properly extends the definition of 'Mortgagor' so that references operate as to the co‑mortgagors or any of them and, read with the all‑monies clause in clause 1.01, creates a joint and several primary obligation to repay all monies owing by either mortgagor including present and future debts incurred solely by one mortgagor; the factual matrix did not displace that textual meaning; the pleaded defences (material change/Holme, undue influence, misrepresentation, waiver) failed on the evidence; accordingly judgment entered for the Bank against the 2nd defendant f…
25 Sept 2015

BANK OF CHINA (HONG KONG) LTD v. CHAN FOOK WING AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. CHAN FOOK WING AND ANOTHER
Court

Court of First Instance
Case number

HCMP420/2004

The 2nd Defendant failed to prove undue influence or a de facto relationship of trust and confidence; the conveyancing clerk and supervising solicitor explained the mortgage and the all‑monies clause and the Defendant signed freely; on proper construction the mortgage (and attendant Side/Confirmation Letters) created an all‑monies continuing security covering the Husband's present and future indebtedness and there was no collateral/composite agreement capping the Wife's liability at HK$900,000; judgment entered for the Plaintiff for HK$8,718,310.30 plus interest and indemnity costs.
26 Sept 2014

DBS BANK (HONG KONG) LTD v. YUE LI (H.K.) ENGINEERING LTD AND OTHERS

Citation

DBS BANK (HONG KONG) LTD v. YUE LI (H.K.) ENGINEERING LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP165/2014

The court held there was no arguable defence: undue influence was not established nor presumed; the Mortgage, with Schedule II blank and clause 18, validly secured all monies and was not discharged by subsequent increases in facilities; the plaintiff was entitled to rely on the company's Annual Return and the ostensible authority of the sole director so the director's resolution was effective to bind the company; accordingly judgment granted for plaintiff and possession and costs ordered.
10 Mar 2010

STANDARD CHARTERED BANK (HONG kONG) LTD v. SWEETMART GARMENT WORKS LTD AND OTHERS

Citation

STANDARD CHARTERED BANK (HONG kONG) LTD v. SWEETMART GARMENT WORKS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1807/2005

The Guarantee was a continuing/all‑monies guarantee covering the ongoing banker/customer relationship; although the failure to procure release of the Belfran Road mortgage amounted to a material variation in substance, the Guarantee contained express provisions (notably clauses 5(a),(b) and (d)) that allowed the bank to vary credit, grant indulgences and deal with securities and thereby preserved the guarantor's liability; accordingly Holme v Brunskill did not discharge the 2nd defendant and judgment was entered for the plaintiff.
10 May 2000

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD. v. WONG KONG MING AND OTHERS

Citation

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD. v. WONG KONG MING AND OTHERS
Court

Court of First Instance
Case number

HCMP6865/1999

The appeal was dismissed because the mortgage and its Clause 2 covenant were clear and unambiguous, there was no actionable misrepresentation, the non est factum defence failed due to the defendant's negligence and opportunity to obtain advice, absence of the bank's signature did not invalidate the deed, and the November 1999 arrangement was only temporary; accordingly the bank was entitled to judgment for the outstanding monies and possession of specified properties.

Hong Kong Case Law

DBS BANK (HONG KONG) LTD v. EXTRA IDEAS LTD AND OTHERS

STANDARD CHARTERED BANK (HONG KONG) LTD v. PAK KWAN HO AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. CHAN FOOK WING AND ANOTHER

DBS BANK (HONG KONG) LTD v. YUE LI (H.K.) ENGINEERING LTD AND OTHERS

STANDARD CHARTERED BANK (HONG kONG) LTD v. SWEETMART GARMENT WORKS LTD AND OTHERS

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD. v. WONG KONG MING AND OTHERS