27 Jan 2021
MORTGAGE 360 LTD (FORMERLY KNOWN AS TOPWAY FINANCE LTD) v. SY MAN KIT AND ANOTHER
- Citation
- [2021] HKDC 59
- Court
- District Court
- Case number
- DCCJ1882/2019
The judge found the 2nd defendant was not named as a borrower in Clause 2 of the 1st Loan Agreement and therefore was not a party to or liable under that agreement despite signing pages; extrinsic documents could not cure the omission on rehearing absent special grounds under O58 r1(5); no memorandum complying with s18 Money Lenders Ordinance was shown, rendering the Second Mortgage unenforceable against the 2nd defendant. On those bases the appeal was allowed and the parts of the Master's Order concerning the 2nd defendant were set aside and amended, with leave to appeal out of time granted…