Hong Kong Case Law: Decisions & Judgments

Topic

Priority of security

Legal area

Court

28 Sept 1995

THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTISING CO. LTD.

Citation

THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTISING CO. LTD.
Court

Court of First Instance
Case number

HCA1745/1994

Leave to adduce additional evidence was granted; the registered fixed charges over the deposit gave the garnishee an equitable proprietary interest that must be satisfied before a judgment creditor can claim against the deposit; accordingly the judgment creditor is entitled only to any sums accruing due to the judgment debtor after the garnishee has recouped liabilities under those charges, and the judgment creditor was ordered to pay the garnishee's costs by order nisi.
28 Nov 1989

LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS

Citation

LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS
Court

Court of First Instance
Case number

HCMP3182/1989

On the evidence before the court (affidavits only) the defendant did not raise an arguable case that the prior oral agreement displaced the clear written loan and security documents or that time was of the essence; it was not arguable that specific performance of the alleged oral agreement would be granted or that the written instruments were illegal under the Money Lenders Ordinance. Consequently the written loan and security document remain effective and clause 7 confers on Tabor the voting rights in respect of shares lodged with the 4th Defendant, while mortgagees (2nd and 3rd Defendants)…
18 Mar 1986

FOREIGN EXCHANGE & INVESTMENT LIMITED v. LIU CHONG HING BANK LIMITED

Citation

FOREIGN EXCHANGE & INVESTMENT LIMITED v. LIU CHONG HING BANK LIMITED
Court

Court of Appeal
Case number

CACV93/1985

The appeal was dismissed because the Plaintiff failed to prove that the Defendant had notice of the Plaintiff's equitable charge over the excess insurance proceeds; the Defendant held a prior equitable charge securing its debt and validly applied the realized proceeds and set off against Oriental's indebtedness.
11 Jun 1968

THE HONGKONG & SHANGHAI BANKING CORPORATION LTD AND ANOTHER v. SKY PLASTIC CO LTD

Citation

THE HONGKONG & SHANGHAI BANKING CORPORATION LTD AND ANOTHER v. SKY PLASTIC CO LTD
Court

Court of First Instance
Case number

HCA467/1968

The court concluded the Deed's wording 'will not remove' was sufficiently wide to prohibit removal for the purpose of sale, affidavits established the machines in the deed and claim were identical, the defendant's defence was specious, and therefore the first plaintiff was entitled to leave to sign final judgment for return or value of the machines and damages; the second plaintiff's application failed.

Hong Kong Case Law

THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTISING CO. LTD.

LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS

FOREIGN EXCHANGE & INVESTMENT LIMITED v. LIU CHONG HING BANK LIMITED

THE HONGKONG & SHANGHAI BANKING CORPORATION LTD AND ANOTHER v. SKY PLASTIC CO LTD