Read the full judgment text of CACV 000767/2000 on BabelCite. This Court of Appeal judgment was delivered on 6 February 2001.
1. The defendant (appellant) mortgaged its property at Flat No.3, 14/F., Hung Tak Building, Des Voeux Road Central, Hong Kong to the plaintiff (respondent) by way of a legal charge as security for a loan of HK$1.5 million to be repaid by monthly installments. The defendant defaulted in his installment repayments. The plaintiff issued an Originating Summons on 28 December 1998 claiming repayments and possession of the mortgage property. A master dismissed the summons. The plaintiff appealed.