Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Loan default

Legal area

Court

7 Jun 2024

BUDDY FINANCE LTD 對 HO WAI HONG ANDY及另一人

Citation

[2024] HKDC 893
Court

District Court
Case number

DCMP4254/2023

The court granted the sale order because the mortgage deed conferred the plaintiff the right to realize the mortgaged half-interest, physical partition was infeasible given the unit's layout (no second access) and would substantially reduce value, the forced-sale valuation supported a sale at not less than HK$4,000,000, and the second defendant failed to discharge the burden to prove that sale would cause her substantial hardship.
8 Feb 2005

DBS KWONG ON BANK LTD v. MORE FAIR PROPERTIES LTD & OTHERS

Citation

DBS KWONG ON BANK LTD v. MORE FAIR PROPERTIES LTD & OTHERS
Court

Court of First Instance
Case number

HCMP3101/2001

On the facts the court found the bank acted on normal commercial arm's length terms, the 2nd Defendant did not act as the bank's agent with authority to make the alleged representations or to bind the bank to the shareholders' agreement, the 3rd Defendant's account was rejected as untruthful, and therefore the guarantee and charge were enforceable; judgment was entered for the Plaintiff against the 3rd Defendant together with indemnity costs under the guarantee.