Hong Kong Case Law: Decisions & Judgments

Topic

Security and set-off

Legal area

Court

8 Nov 2013

HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER

Citation

HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER
Court

Court of First Instance
Case number

HCA2140/2006

Defendants failed to show good cause under s.19 to vacate the registration because the trial judge accepted plaintiffs' case and made a binding judgment and alternative order for specific performance which accrued on the 2006 default; alleged unfairness from post-agreement market rise and alleged prior representations did not justify vacating the lis pendens; application dismissed.
8 Nov 2013

HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER

Citation

HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER
Court

Court of First Instance
Case number

HCA1242/2006

Defendants failed to show good cause under s.19 Land Registration Ordinance to vacate the registration; the trial judge's alternative order for specific performance vested plaintiffs with a proprietary enforcement right accruing on default in 2006 and the court must give effect to that order; market appreciation does not justify vacatur or defeat the prior order; application dismissed.
19 Nov 2003

JEANNY LIE v. BANK OF CHINA, SINGAPORE BRANCH

Citation

JEANNY LIE v. BANK OF CHINA, SINGAPORE BRANCH
Court

Court of First Instance
Case number

HCSD24/2003

The applications were dismissed because the illegality claim lacked substance given the running account nature of the facilities and the ACU exemption from 9 March 1984 (so indebtedness continued lawfully), the discovery application was a fishing expedition unsupported by evidence, undue influence was not established nor was the bank on inquiry or shown to have an agent in the influencer, and the Indonesian land is third‑party property not security of the applicants under the rules; accordingly the statutory demands should stand.

Hong Kong Case Law

HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER

HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER

JEANNY LIE v. BANK OF CHINA, SINGAPORE BRANCH