Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mortgage enforcement and possession

Legal area

Court

12 May 2025

SMART TEAM FINANCE LTD v. 范小兰 AND ANOTHER

Citation

[2025] HKDC 774
Court

District Court
Case number

DCMP6297/2024

The plaintiff, as legal mortgagee of the 1st defendant's half share, is a person interested under the Partition Ordinance and has locus standi to apply for sale; partition was impracticable or would substantially devalue the property and the defendants did not object, therefore the court exercised its discretion to order sale of the whole property, appoint the plaintiff's solicitors' partner as trustee under PO s7 to receive proceeds, and allow enforcement despite a clerical non-compliance under MLO s18 by exercising s18(3) discretion; indemnity costs were awarded against the 1st defendant bu…
18 Feb 2025

FU TAT CREDIT LTD v. LAU YUNG TAI by his guardian ad litem LAU VACO AND ANOTHER

Citation

[2025] HKCFI 723
Court

Court of First Instance
Case number

HCA1759/2012

The court accepted plaintiffs' contemporaneous documentary and witness evidence, rejected defendants' credibility (notably the Son and disregarded Father's hearsay statements), found no undue influence or unconscionable bargain, found statutory requirements of the MLO were met, and concluded the loan agreements and security instruments were enforceable; accordingly plaintiffs were entitled to possession and judgment for the claimed sums with interest and costs.