28 Nov 1989
LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS
- Citation
- LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3182/1989
On the evidence before the court (affidavits only) the defendant did not raise an arguable case that the prior oral agreement displaced the clear written loan and security documents or that time was of the essence; it was not arguable that specific performance of the alleged oral agreement would be granted or that the written instruments were illegal under the Money Lenders Ordinance. Consequently the written loan and security document remain effective and clause 7 confers on Tabor the voting rights in respect of shares lodged with the 4th Defendant, while mortgagees (2nd and 3rd Defendants)…