11 Aug 1994
CHEANG KUOK SAM v. CHUI KIN WING
- Citation
- CHEANG KUOK SAM v. CHUI KIN WING
- Court
- Court of First Instance
- Case number
- HCA1366/1993
The Court found on the evidence that the transaction constituted an unconditional agreement for sale and purchase, not an equitable mortgage or charge; although the loan was not proved to be a sham on the balance of probabilities, the Plaintiff and his solicitors knowingly failed to draw the Attorney General's prior restraint interest to the master's attention when obtaining the charging order ex parte, constituting material and deliberate non-disclosure; accordingly both the charging order nisi and absolute were discharged and the sale proceeds were ordered paid into general revenue under th…