16 Sept 2021
WONG KA CHUN v. CENTRAL LINK CREDIT LTD AND ANOTHER
- Citation
- [2021] HKCFI 2846
- Court
- Court of First Instance
- Case number
- HCMP1321/2021
The Loan Agreement is an unsecured personal contract that does not create or affect any proprietary interest in the Whampoa Property and therefore is not registrable; the 1st defendant failed to establish any proprietary charge or cogent evidence of dissipation to justify a mareva injunction; accordingly the Loan Agreement must be removed and the 1st and 2nd defendants must pay costs on indemnity for the plaintiff's summons, while the 1st defendant's injunctive summons is dismissed with party-and-party costs to the plaintiff.
- Registrability of instrument
- Equitable charge/proprietary claim
- Mareva (freezing) injunction
- Debt recovery
- Costs (indemnity and party-and-party)