Hong Kong Case Law: Decisions & Judgments

Topic

Possession under mortgage

Legal area

Court

13 Feb 2026

MAXCOLM FINANCE LTD v. CHAU TIN YAM AND ANOTHER

Citation

[2026] HKDC 166
Court

District Court
Case number

DCMP5717/2025

Service and notice requirements were validly satisfied; the plaintiff proved default and produced original loan and mortgage documents establishing an entitlement to a monetary judgment of $576,109.14; the mortgage entitles the plaintiff to possession; partition of the property is impracticable and sale under the Partition Ordinance is appropriate; accordingly the originating summons succeeds and judgment, possession and sale orders are granted with costs against the 1st defendant.
11 Jul 2022

KONEW CAPITAL INTERNATIONAL LTD v. LEUNG KAM SHING KITVAN AND ANOTHER

Citation

[2022] HKDC 682
Court

District Court
Case number

DCMP215/2022

Plaintiff proved entitlement to recover outstanding principal and interest, complied with Orders 83A and 88, and by reason of contractual mortgage powers and status under the Partition Ordinance is entitled to possession and a sale of the property; physical partition is impracticable for the small flat and no opposing evidence was filed, therefore an order for sale with reserved price is appropriate and costs are awarded to the plaintiff.
9 Oct 1986

DAO HENG BANK LTD v. LAM YING BOR INVESMENT CO LTD AND ANOTHER

Citation

DAO HENG BANK LTD v. LAM YING BOR INVESMENT CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2773/1984

The solicitor's letter dated 16 March 1984 amounted to a valid declaration under clause 13.03 accelerating the entire principal to immediate payment; an overstated figure in a demand does not invalidate the demand; the guarantor was validly demanded and is liable; possession is available to the bank on the admitted Event of Default and the bank is entitled to judgment for HK$25,000,000 against the borrower and HK$25,000,000 plus interest at 15% p.a. against the guarantor, with unpaid interest against the borrower to be assessed.

Hong Kong Case Law

MAXCOLM FINANCE LTD v. CHAU TIN YAM AND ANOTHER

KONEW CAPITAL INTERNATIONAL LTD v. LEUNG KAM SHING KITVAN AND ANOTHER

DAO HENG BANK LTD v. LAM YING BOR INVESMENT CO LTD AND ANOTHER