Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Registration of mortgage

Legal area

Court

11 Aug 2021

CHEUNG WAI SING JACKIE WALTER 對 BILLION CREDIT FINANCIAL CO LTD

Citation

[2021] HKCA 1185
Court

Court of Appeal
Case number

CAMP53/2020

The addendum to the loan agreement operated to make payment of the loan contingent on successful registration of the mortgage; the trial judge's construction of the documents and findings that the applicant had accepted the arrangement and was not a credible witness were not plainly wrong; therefore there was no real prospect of success on appeal and leave to appeal was refused.
5 Sept 2017

RE LAU YU also known as JAFFE LAU

Citation

RE LAU YU also known as JAFFE LAU
Court

Court of First Instance
Case number

HCB104/2017

The debtor failed to establish a bona fide defence because he did not show sufficient prejudice resulting from the alleged breach (subrogation would not have arisen had the security been perfected because the debt would have been discharged) and there remained factual gaps which did not amount to an arguable legal defence; accordingly a bankruptcy order must be made and the Bank is entitled to costs on an indemnity basis with certificate for two counsel.