22 Jul 2005
BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
- Citation
- BANK OF CHINA (HONG KONG) LTD v. FU MING KONG MICHAEL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP3909/2000
The court found on factual and documentary evidence that the defendants admitted the indebtedness, the alleged oral agreements were not proven and were inherently improbable, the originals of the Mortgage and Variation Deed were lost while with the plaintiff's former solicitors and loss was proved on the balance of probabilities, and because the originating summons had been continued as if begun by writ Order 88 r5(2)'s original-document requirement did not apply; accordingly plaintiff entitled to judgment for the secured sums, interest, costs and delivery of possession as ordered.