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…