Weeky review: October 29 – November 2 2012

Contracts: bilingual

Yuen JA urged Hong Kong’s property industry to produce standard bilingual agreements in which the Chinese and English versions are mutually consistent (Wise Think Global Ltd v Finance Worldwide Ltd).

Priorities: lender providing funds to pay off earlier secured loan

Where a lender provides the funds to pay off an earlier secured loan it has an equitable right to step into the shoes of the earlier lender for priority purposes, even if it later takes its own formal charge (Ghana Commercial Bank v D.T. Chandiram).

Priorities: Land Registration

The Land Registration Ordinance is not a self-contained system. One has to look at the interests involved and their relative priorities under an unregistered system before considering how that situation is affected by the Land Registration Ordinance (Hong Kong Chinese Bank Ltd v Sky Phone Ltd).

Registration has no effect when there is no underlying interest to be registered (Ng Kam Ha v Vincent Sina Traders (HK) Ltd).

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