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Hong Kong Leading Case mortgagesbanking and finance

Bank of East Asia Ltd v Tsien Wui Marble Factory Ltd

(2000) 3 HKCFAR 530
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2000
StatusBinding authority

Summary

Deposit of title deeds with intent to create security creates an equitable mortgage in HK without a written agreement, per CFA application of equitable mortgage principles.

Key Principle

The CFA applied the principles of equitable mortgages in Hong Kong; a deposit of title deeds with intent to create a security interest creates an equitable mortgage without the need for a written agreement.

Area of Law

banking

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