Hong Kong Case Law: Decisions & Judgments

Topic

Enforceability of legal charge

Legal area

Court

15 Jul 2024

EASY FORTUNE PROPERTY LTD v. YUNG CHUN HIM

Citation

[2024] HKCA 680
Court

Court of Appeal
Case number

CACV109/2024

The defendant only advanced arguable grounds of appeal and failed to demonstrate good reasons or that the appeal would be rendered nugatory; in the balance the risk of prejudice and loss to the successful plaintiff (already deprived of principal, defendant bankrupt, uncertain forced‑sale value) outweighed the defendant's contentions, therefore the application for a stay was dismissed and the plaintiff was granted retrospective leave to file its Respondent's Notice with costs awarded to the plaintiff.
21 Mar 2018

LAM SAU FA v. GOLDEN RICH FINANCE LTD

Citation

[2018] HKCFI 572
Court

Court of First Instance
Case number

HCA3248/2016

The court found Golden Rich established a prima facie case; Madam Lam's allegations were implausible and flatly rebutted by the Recording, Transcript and contemporaneous documents and did not raise any credible triable issues; statutory breaches of the MLO were either immaterial to enforceability or remediable by deduction of HK$13,000 under s27(4); accordingly summary judgment was appropriate and the originating summons granted with costs on an indemnity basis.
21 Mar 2018

GOLDEN RICH FINANCE LTD v. LAM SAU FA

Citation

[2018] HKCFI 572
Court

Court of First Instance
Case number

HCMP84/2017

The court found Golden Rich had made out a prima facie case and the defendant failed to raise any credible triable issues: the recording and contemporaneous documents rebut the alleged syndicate and fraud; the identified MLO breaches were either immaterial or remediable (HK$13,000 to be deducted under s.27(4)); accordingly summary judgment was entered for Golden Rich and the consolidation summons dismissed.
10 Jul 1987

YIP FUNG INDUSTRIAL BUILDING

Citation

YIP FUNG INDUSTRIAL BUILDING
Court

Court of First Instance
Case number

HCMP62/1987

The legal charge was illegal and unenforceable because the respondent, not being licensed, fell within the Money Lenders Ordinance such that the security could not be enforced; accordingly S.H. Lock could not be paid the surplus proceeds and the Master's order awarding the surplus to S.H. Lock was set aside.

Hong Kong Case Law

EASY FORTUNE PROPERTY LTD v. YUNG CHUN HIM

LAM SAU FA v. GOLDEN RICH FINANCE LTD

GOLDEN RICH FINANCE LTD v. LAM SAU FA

YIP FUNG INDUSTRIAL BUILDING