22 Mar 2018
THE BANK OF EAST ASIA, LTD v. CHAN WING HUNG AND ANOTHER
- Citation
- [2018] HKDC 271
- Court
- District Court
- Case number
- DCMP1816/2017
A master in the District Court has jurisdiction to hear and determine a summary determination under O 28 r 4 in chambers; the plaintiff established a prima facie case and was a bona fide purchaser for value without notice of the 2nd defendant's equitable interest so the plaintiff is entitled to enforce the Legal Charge and obtain monetary judgment and vacant possession; the HC Order (equity of exoneration) does not defeat the plaintiff's priority; accordingly judgment is entered against both defendants and the D2's Summons is dismissed, with costs awarded to the plaintiff.