19 Feb 2019
WEALTH LEE FINANCE LTD v. NG FUN LUNG AND ANOTHER
- Citation
- [2019] HKDC 68
- Court
- District Court
- Case number
- DCCJ2060/2013
The son exceeded the authority granted by the POA because clause 20 required loan proceeds be made payable to the mother yet the loan was paid to the son; a deed cannot be orally varied or ratified and the lender failed to plead or prove apparent authority; further, the lender did not comply with s18/s20 MLO so the Legal Charge is unenforceable as against the mother; accordingly the plaintiff’s claims against the 2nd defendant are dismissed and the charge is declared null and void as to her shares.