29 Nov 2004
HKCB FINANCE LTD v. YUEN YI WAN SANDY AND ANOTHER
- Citation
- HKCB FINANCE LTD v. YUEN YI WAN SANDY AND ANOTHER
- Court
- District Court
- Case number
- DCMP2017/2002
The judge found on the facts that the 2nd Defendant did not acquire a beneficial interest by contribution or common intention; the s.17 order re‑vested beneficial interest only from the date of that order and cannot defeat a prior legal charge held by a bona fide purchaser for value without notice; the Plaintiff had no actual or constructive notice of the disponor's intention to defeat matrimonial claims; the sale and sub-sale were suspicious but not illegal or sham of sufficient turpitude to void the mortgage; therefore the legal charge is valid and takes priority and the Plaintiff is entitl…