17 Mar 2003
LAW WAI HAN TIKI v. CHAN WAN CHOI
- Citation
- LAW WAI HAN TIKI v. CHAN WAN CHOI
- Court
- Court of First Instance
- Case number
- HCMP1414/1999
The deed of mortgage was valid and binding; the Plaintiff advanced the loan by paying the contractor as secured by the registered mortgage; the Defendant's plea of non est factum failed because he knew the nature of the document or was negligent in not seeking explanation; the s54 defence failed because rental income was applied to family maintenance as supported by evidence; the limitation defence failed because s38A preserved the Plaintiff's right; accordingly judgment for the Plaintiff for $250,000 plus agreed interest and costs, counterclaim dismissed.