3 May 1990
TONY WONG CHUN LOONG AND OTHERS v. LAM KIN MING AND OTHERS
- Citation
- TONY WONG CHUN LOONG AND OTHERS v. LAM KIN MING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV28/1990
The Court held that special circumstances displaced the general rule requiring payment into court before restraining a mortgagee's sale; because Tabor's insistence on the option made it impossible for Mr. Wong to raise the full amount and a sale would defeat the substratum of the action, the lower court's condition requiring interim payments was unsuitable and must be set aside. The appeal was allowed and the respondents' notice dismissed.