Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mortgagee's right of possession

Legal area

Court

16 Jan 2026

DBS BANK (HONG KONG) LTD v. HAPPY GLOBAL INC LTD AND ANOTHER

Citation

[2026] HKCFI 401
Court

Court of First Instance
Case number

HCMP71/2025

The court held that the defendants raised sufficiently credible triable issues: (1) DBS Bank issued demands without identifying an Event of Default or explaining reasons for calling in instalment loans, making the validity of the demand arguable; and (2) there is an arguable breach of banker-customer confidentiality by DBS that may have caused CNAM to lose a major client with consequential inability to repay, invoking the prevention principle. Those triable factual issues require conversion of the originating summonses to writs and unconditional leave to defend.
9 Aug 2004

JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS

Citation

JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2027/2003

The defence alleging consent, acquiescence, estoppel and res judicata was unsustainable because the earlier proceedings did not determine the validity of the alleged tenancy; the 2nd and 3rd defendants lacked privity and independent rights to the tenancy (which belonged to Shun Kai); the proposed amendments to plead estoppel and issue estoppel were refused; consequently the defence was an abuse and was struck out and judgment granted for the plaintiff for possession, trespass and damages to be assessed.