3 Apr 2017
DBS BANK (HONG KONG) LTD v. NEW HARVEST INTERNATIONAL DEVELOPMENT LTD AND OTHERS
- Citation
- DBS BANK (HONG KONG) LTD v. NEW HARVEST INTERNATIONAL DEVELOPMENT LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1361/2005
Because DBS succeeded on the merits, the mortgage clauses expressly charged the property with costs and envisaged using sale proceeds to satisfy costs, the appeal and legal aid filings did not create a stay of execution in the circumstances, and the statutory automatic legal aid stay was not engaged, the court ordered that DBS recover its costs on an indemnity basis to be taxed if not agreed and authorised application of the surplus proceeds to satisfy those costs with any remainder paid to the mortgagor.