Tse Kwong Lam v Wong Chit Sen
From Wikipedia, the free encyclopedia
- Wong Chit-Sen v Tse Kwong-Lam [1979] HKCFI 39 Supreme Court of Hong Kong
- Tse Kwong Lam v Wong Chit Sen [1980] HKCA 264 Court of Appeal of Hong Kong
| Tse Kwong Lam v Wong Chit Sen | |
|---|---|
 | |
| Court | Privy Council |
| Decided | 25 July 1983 |
| Citations | Tse Kwong Lam v Wong Chit Sen [1983] UKPC 28, [1983] 3 All ER 54 |
| Case history | |
| Prior actions |
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| Subsequent action |
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| Court membership | |
| Judges sitting | Lord Fraser Of Tullybelton, Lord Brandon Of Oakbrook, Lord Brightman, Lord Templeman & Sir John Megaw |
| Keywords | |
| Mortgage | |
Tse Kwong Lam v Wong Chit Sen [1983] UKPC 28[1] is a land law case, concerning the rights and obligations of a mortgagee in the exercise of his power of sale under a mortgage.
Mr Wong (Chinese: 黃直生) exercised his power of sale and put up Mr Tse’s (Chinese: 謝廣林) property for auction, a building with about 100 units in Kowloon, the Kwong Hing Building. It was only shortly advertised with limited details. The reserve price was fixed without the guidance of a qualified valuer at $1.2m. There was only one bid. It was Mrs Wong. She was acting on behalf of the company owned by Mr Wong and his family. They had apparently had a board meeting before resolving that they would bid up to a maximum of $1.2m.
The trial Judge found that $1.2m was not a proper price, but refused to set the sale aside because of the borrower’s delay in pursuing the counterclaim.[2] He awarded damages instead. The Court of Appeal set aside the judge’s award.[3]
