Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Non est factum defence

Legal area

Court

9 Jul 2001

CITIBANK, N.A. v. CHIT LEE (WONG\'S) INVESTMENTS LTD. AND OTHERS

Citation

CITIBANK, N.A. v. CHIT LEE (WONG\'S) INVESTMENTS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP6872/1999

The court held that the 2nd defendant was bound by the express terms of the mortgage and facility letter, that there was no effective defence or non est factum, that alleged oral agreements and counterclaims did not prevent enforcement by the mortgagee, and therefore the Master's judgment for debt and possession was correct and the appeal was dismissed.
24 Apr 1974

THE HONG KONG AND SHANGHAI BANKING CORPORATION v. FUNG WING KING

Citation

THE HONG KONG AND SHANGHAI BANKING CORPORATION v. FUNG WING KING
Court

Court of First Instance
Case number

HCA1419/1972

The court granted the application for examination by a special examiner because the witness was shown to be a material and vital witness for the defence, had stated he would not return and could not reasonably be expected to attend, and without his evidence the defence could not hope to succeed; the balance of convenience therefore favoured appointment of a special examiner and the court ordered examination in Vancouver with costs in the cause and the defendant primarily liable for examiner's fees.