25 Sept 2015
BANK OF CHINA (HONG KONG) LTD v. CHAN FOOK WING AND ANOTHER
- Citation
- BANK OF CHINA (HONG KONG) LTD v. CHAN FOOK WING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP420/2004
The 2nd Defendant failed to prove undue influence or a de facto relationship of trust and confidence; the conveyancing clerk and supervising solicitor explained the mortgage and the all‑monies clause and the Defendant signed freely; on proper construction the mortgage (and attendant Side/Confirmation Letters) created an all‑monies continuing security covering the Husband's present and future indebtedness and there was no collateral/composite agreement capping the Wife's liability at HK$900,000; judgment entered for the Plaintiff for HK$8,718,310.30 plus interest and indemnity costs.