Hong Kong Case Law: Decisions & Judgments

Topic

Mortgagee enforcement

Legal area

Court

24 Dec 2024

CHINA HUAXIN PETROLEUM LTD (IN LIQUIDATION) AND ANOTHER v. YE JIANMING

Citation

[2024] HKCFI 2838
Court

Court of First Instance
Case number

HCA1080/2023

On the pleadings the plaintiffs paid the loan secured by the mortgages without contribution from the defendant; service was regular and defendant did not defend; equity requires subrogation of the plaintiffs to BEA's mortgage rights and judgment in default is appropriate to award the plaintiffs the specified sums with interest and costs and to declare their subrogation rights over the two properties.
29 Nov 2022

NIC SANG FINANCE CO LTD v. TUNG WAI FUN

Citation

[2022] HKDC 1475
Court

District Court
Case number

DCMP4499/2021

Sale was the appropriate and necessary remedy because partition of the flat was impracticable, the defendant defaulted and did not participate, the plaintiff as chargee is entitled to enforce the security including sale, and the sale would not cause hardship to the other co-owners who do not occupy the property.
24 Apr 2008

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDING LTD AND OTHERS

Citation

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDING LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP769/2002

Appellants (LBL/CSL) failed to discharge the burden of showing a stay was necessary because they did not provide credible evidence that a successful appeal would be rendered nugatory: anonymity of backers and absence of evidence of ability or willingness to fund the judgment debt, failures to comply with prior court‑imposed safeguards, market volatility and risk of forced sale discount meant the court would not grant a stay; appointment of receivers was not ordered because not necessary on the evidence presented.

Hong Kong Case Law

CHINA HUAXIN PETROLEUM LTD (IN LIQUIDATION) AND ANOTHER v. YE JIANMING

NIC SANG FINANCE CO LTD v. TUNG WAI FUN

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDING LTD AND OTHERS