11 Aug 1994
CHEANG KUOK SAM v. CHUI KIN WING
- Citation
- CHEANG KUOK SAM v. CHUI KIN WING
- Court
- Court of First Instance
- Case number
- HCMP1602/1993
On the evidence the court found the transaction constituted an unconditional sale and purchase agreement, not an equitable mortgage or charge; although the loan was not proven to be a sham on the balance of probabilities, the Plaintiff and his solicitors knew of the Attorney's restraint order and deliberately failed to notify the Attorney in the ex parte application for the charging order, which was material non-disclosure; consequently the charging order nisi and absolute were discharged and the sale proceeds ordered paid into general revenue under the Drug Trafficking (Recovery of Proceeds)…