7 May 2009
WING HANG BANK LTD v. KWOK LAI SIM AND ANOTHER
- Citation
- WING HANG BANK LTD v. KWOK LAI SIM AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV94/2008
The Court held the bank had constructive notice because the solicitors (3rd party) failed to discharge the Etridge duties: the sisters were not properly and independently advised, no adequate private meeting or signed comprehensive confirmation/attendance note occurred, and relevant financial information was not disclosed; accordingly the all‑monies legal charge was rescinded and the 3rd party was liable to indemnify the sisters against any claim under the charge.