7 Sept 2001
NG NGUN KUN AND ANOTHER v. YEUNG YAT CHING
- Citation
- NG NGUN KUN AND ANOTHER v. YEUNG YAT CHING
- Court
- Court of First Instance
- Case number
- HCMP3154/1994
Plaintiffs proved entitlement to possession on default under the registered mortgage and are entitled to recover the principal sum of HK$150,000. Interest was not pursued because s19(5) bars recovery of arrears of interest after six years. The transitional provision extended the limitation period for the principal to twenty years for rights accruing before 1 July 1991, and on the material facts the plaintiffs' claim for principal was within the limitation period. The court will not rectify the ambiguous proviso without evidence and therefore will not alter accrual beyond applying the statutor…