14 Oct 2009
HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED V ERCEG AND ORS HC AK CIV 2009-404-004035
- Citation
- openlaw-ce18373c_9f17_4b95_b912_e274873e1cda.pdf
- Court
- High Court
The court concluded there was no express or implied consent by the mortgagee to any lease to the third defendant because the settlement deed and annexed sale contract did not evidence positive acceptance of a tenant or tenancy; mere naming of the third defendant in the sale contract and reservation of position by the bank did not amount to consent under s138 PLA, and consequently any lease would not bind the mortgagee under s119 LTA; accordingly summary judgment for possession and a declaratory order were appropriate.