9 Oct 2020
SHANGHAI COMMERCIAL BANK LTD 對 李友德及另一人
- Citation
- [2020] HKDC 794
- Court
- District Court
- Case number
- DCMP3066/2016
The appellant failed to prove any equitable interest in the property (no common intention constructive trust or other proprietary interest). Consequently she had no right of redemption which could defeat the bank's registered mortgage. Even if she had any right, the equity of redemption vested in the trustee on the bankrupt's bankruptcy and the trustee must protect creditors' interests; the appellant produced no evidence of ability to effect a lump sum redemption of the property and therefore her appeal must be dismissed.