10 Dec 2021
CS CREDIT LTD v. MARSPAN LTD AND ANOTHER
- Citation
- [2021] HKCFI 3707
- Court
- Court of First Instance
- Case number
- HCMP1484/2019
CS Credit established all elements of the bona fide purchaser/mortgagee defence: it advanced value, took legal mortgages and had no actual or constructive notice of Tan's or Far East's alleged equitable interests; accordingly CS Credit takes free of those alleged equitable interests and is entitled to enforce the mortgages and obtain money judgment and vacant possession; Far East's estoppel claim fails for lack of attributable knowledge and causation.