26 Oct 2018
CATHERWOOD LTD v. FENG JIN LIANG AND ANOTHER
- Citation
- [2018] HKCFI 2383
- Court
- Court of First Instance
- Case number
- HCA1052/2014
On the facts the court was not satisfied there was sufficient evidence to infer an actual intent to defraud by D1 at the time of the mortgage; alternatively, even if such intent could be inferred, D2 discharged its s60(3) burden by showing it acted in good faith and without actual or constructive notice after taking reasonable searches and enquiries; accordingly s60 CPO did not void the mortgage and the declaration sought by D2 succeeds.