24 Apr 2018
CHUNG YUEN CHU AND ANOTHER v. COSIMO BORRELLI AND OTHERS
- Citation
- [2018] HKCFI 849
- Court
- Court of First Instance
- Case number
- HCMP2093/2017
The pledges are not irredeemable and do not contain provisions repugnant to the equitable right to redeem because mortgages may secure non-monetary or contingent obligations for an uncertain period, surviving obligations do not prevent termination under the pledges as drafted, and the pledgees' power to judge satisfactory performance is constrained by an implied duty of honesty and good faith; accordingly the declaration sought was dismissed.