Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 54 conveyancing and property ordinance

Legal area

Court

1 Jun 2018

CHINA CITIC BANK INTERNATIONAL LTD v. DURRANT SIMON PARTRICK MICHAEL

Citation

[2018] HKCFI 1183
Court

Court of First Instance
Case number

HCMP3196/2013

The court dismissed the 2nd Miscellaneous Summons and the Hau 2nd Wasted Costs Summons as outside the scope of the originating summons and an abuse of process (functus officio), and dismissed contempt claims for failure to follow Order 52 procedure; RAO summons was adjourned sine die; costs were awarded to the plaintiff and to Hau (indemnity) to be taxed if not agreed.
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.