Hong Kong Case Law: Decisions & Judgments

Topic

Bona fide mortgagee for value without notice

Legal area

Court

1 Aug 2024

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. Jack Lynn, deceased v. YEUNG KEUNG CHI AND OTHERS

Citation

[2024] HKCA 742
Court

Court of Appeal
Case number

CACV21/2024

The Court held the Judge correctly found on the evidence that the 4th defendant received the HK$900,000 deposit (receipt chop, acknowledgements in the D5 SPA and D5 Assignment, failure to comply with discovery, solicitor evidence) and that because the 4th defendant's second legal charge was void ab initio it provided no valuable consideration; therefore the sums of HK$900,000 and HK$515,166.60 unjustly enriched the 4th defendant and must be restituted. The netting off principle and change of position defence failed because the tax and rates payment predated receipt and there was no causal/ine…
30 May 2024

WYM v. LYM

Citation

[2024] HKCA 499
Court

Court of Appeal
Case number

CACV89/2023

Because the trial judge found that the petitioner had not established any equitable proprietary interest by constructive trust, resulting trust or proprietary estoppel, there was no proprietary interest in existence when the respondent granted the mortgage in 2015 and therefore no basis to treat the intervener as having constructive notice; the judge's alternative suggestion that spousal relationship and occupation alone created a proprietary interest was legally unsustainable, so the appeal is allowed and the respondent declared sole legal and beneficial owner.
31 May 1993

THE COMMERCIAL BANK OF HONG KONG LTD. V. WELLSTANDARD TEXTILES CO. LTD. AND ANOTHER

Citation

THE COMMERCIAL BANK OF HONG KONG LTD. V. WELLSTANDARD TEXTILES CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCMP3785/1991

The plaintiff was a bona fide mortgagee for value without notice and entitled to rely on the receipt clause in the assignment; speculative assertions that the plaintiff had notice were insufficient; accordingly the plaintiff's registered mortgage took priority and the plaintiff was entitled to the possession and relief sought in the originating summons.

Hong Kong Case Law

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. Jack Lynn, deceased v. YEUNG KEUNG CHI AND OTHERS

WYM v. LYM

THE COMMERCIAL BANK OF HONG KONG LTD. V. WELLSTANDARD TEXTILES CO. LTD. AND ANOTHER