8 Aug 1985
WAYFOONG CREDIT LTD v. LI CHI KIN AND ANOTHER
- Citation
- WAYFOONG CREDIT LTD v. LI CHI KIN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1865/1985
The mandatory procedural rule requiring specification of a service irregularity in the summons barred reliance on that ground, but on the substantive merits the affidavits and exhibited documents (the Reassignment, letters and facility statements) disclosed a real and arguable defence that the mortgage covenants may have been released or the indebtedness converted or shifted so that the defendants' liability 'pursuant to' the Deed of Mortgage was doubtful; that arguable defence justified dismissal of the plaintiff's challenge to the Master's order (i.e. sustaining the setting aside of the def…