Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 1 Jul 1988

    CHASE MANHATTAN (ASIA) LTD v. FIRST BANGKOK CITY FINANCE LTD

    Citation
    CHASE MANHATTAN (ASIA) LTD v. FIRST BANGKOK CITY FINANCE LTD
    Court
    Court of Appeal
    Case number
    CACV105/1987

    The April 7, 1986 instrument, construed in light of its terms and surrounding commercial circumstances, operated as a true sale of a moiety of FBCF's interest in the SF10m loan with a contractual buy-back rather than as a registrable charge or mortgage; consequently the transaction was not void against the Official Receiver under s80 and the appeal on that issue is allowed; however, because the SF5m promissory note was not delivered and the assignment had determined by its own terms on 29 June 1986, CMA had no enforceable proprietary interest or entitlement to a declaration of trust or specif…