14 Aug 1974
ROBERT CHAN v. GILBERT HO KWOK TSUI AND ANOTHER
- Citation
- ROBERT CHAN v. GILBERT HO KWOK TSUI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP254/1973
The court held that costs (including auctioneers' and advertisement fees) properly incurred in relation to the mortgage are recoverable even if not specified in the mortgage deed; tender of a lesser sum is not payment; encashment of a part payment cheque did not constitute acceptance of the lesser payment or an undertaking to forgo the balance; therefore the respondents were entitled to demand the outstanding $6,252 and the summons for its repayment was dismissed.