25 Jun 2009
LET-WIN PLASTIC PRODUCTS FACTORY LTD v. LAM KEI KIT
- Citation
- LET-WIN PLASTIC PRODUCTS FACTORY LTD v. LAM KEI KIT
- Court
- Court of First Instance
- Case number
- HCA1769/2008
The appeal is allowed and the summary judgment set aside because the defendant demonstrated a triable defence of equitable set-off/indemnity by evidencing forthcoming enforcement of the 2nd Mortgage and surrender of the Shatin Property which would result in the Bank recovering proceeds sufficient to discharge the plaintiff's indebtedness to the Bank equal to or exceeding the claimed Debt; the implied trust defence was not triable and was rejected as unsupported and inconsistent with earlier statements.