26 Nov 2019
THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. TAI YUE FOR AND ANOTHER
- Citation
- [2019] HKCFI 2888
- Court
- Court of First Instance
- Case number
- HCMP6983/1999
The Court held that an application to discharge a charging order under Order 50 r7 / s20B(4) is a proper remedy where the charging order was obtained on ex parte material containing a materially misleading statement of law (here an incorrect assertion that s.4(4) Limitation Ordinance did not apply to enforcement proceedings). Applying the Limitation Ordinance and authorities, the Court held the 4 December 2017 letter was a denial of liability (confession and avoidance) and did not constitute an acknowledgement under s.23(3), and accordingly allowed the appeal and discharged the Charging Order.
- Charging order
- Limitation defence
- Acknowledgement of debt
- Ex parte disclosure / duty of full and frank disclosure
- Discharge of charging order
- Mortgage enforcement