29 Mar 2007
DAH SING BANK LTD v. SING HAI HANDBAGS MANUFACTORY LTD AND OTHERS
- Citation
- DAH SING BANK LTD v. SING HAI HANDBAGS MANUFACTORY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1250/2003
The court held that the bank proved the outstanding debt and that the solicitors' interview procedures discharged the bank's onus as to informed consent for the wife (6th Defendant) and the brother-in-law (5th Defendant), so their mortgages were enforceable; however, the 4th Defendant (mother-in-law), an elderly illiterate person, established Class 2B undue influence and the bank (via its solicitors) failed to take exceptional steps (insist on independent legal advice), so her mortgages were set aside.