DBS BANK (HONG KONG) LTD v. EXTRA IDEAS LTD AND OTHERS

[2025] HKCFI 1324

Court of First Instance31 March 2025

Judges:Tam

HCMP966M/2024 DBS BANK (HONG KONG) LTD v. EXTRA IDEAS LTD AND OTHERS

HCMP 966/2024

[2025] HKCFI 1324

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 966 OF 2024

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	IN THE MATTER of Order 88 of the Rules of the High Court, Cap.4A;
	AND IN THE MATTER of the property known as Flat A on 2^nd Floor of Block 7 and Carpark No.C6 on Carpark Level 3, King's Park Villa, No. 1 King's Park Rise, Kowloon;
	AND IN THE MATTER of the property known as Duplex Flat C on 41^s^t Floor & 42^nd Floor with Flat Roof of Tower 3 Island Harbourview, No.11 Hoi Fai Road, Kowloon;
	AND IN THE MATTER of a Second Mortgage dated 21 January 2020 made between (i) the Mortgagor CHAN CATHY (陳惠敏); (ii) the Borrower EXTRA IDEAS LIMITED (惟德有限公司); and (iii) the Lender DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) and registered in the Land Registry by Memorial No. 20021901790122;
	AND IN THE MATTER of the property comprised in a Mortgage dated 30 June 2016 made between (i) the Mortgagor CHAN TSZ LOK THOMSON (陳子樂)；(ii) the Borrower EXTRA IDEAS LIMITED (惟德有限公司)；and (iii) the Lender DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) and registered in the Land Registry by Memorial No. 16071202130148;
	AND IN THE MATTER of the property comprised in (a) a Two-Party Mortgage Deed dated 29 February 2016 made between (i) the Mortgagor CONCEPT PROPERTIES LIMITED (創意置業有限公司)；and (ii) the Lender DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) and registered in the Land Registry by Memorial No. 16032301170029; and (b) a Second Mortgage dated 31 October 2017 made between (i) the Mortgagor CONCEPT PROPERTIES LIMITED (創意置業有限公司)； (ii) the Borrower EXTRA IDEAS LIMITED (惟德有限公司)；and (iii) the Lender DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) and registered in the Land Registry by Memorial No. 17112100350095;
	AND IN THE MATTER of a Second Mortgage dated 29 February 2016 made between (i) the Mortgagor MAK WAI YAN (麥偉欣)；(ii) the Borrower EXTRA IDEAS LIMITED (惟德有限公司)；and (iii) the Lender DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) and registered in the Land Registry by Memorial No. 16031000430099;
	AND IN THE MATTER of Guarantees and Indemnities dated 28 March 2018 and 27 December 2019 executed by CONCEPT PROPERTIES LIMITED (創意置業有限公司) in favour of DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) to secure the indebtedness owed due and/or payable by EXTRA IDEAS LIMITED (惟德有限公司) to DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) ；
	AND IN THE MATTER of a Guarantee and Indemnity dated 25 February 2016 executed by CHAN WING SZE DOREEN (陳穎詩) in favour of DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) to secure the indebtedness owed due and/or payable by CONCEPT PROPERTIES LIMITED (創意置業有限公司) to DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司)；
	AND IN THE MATTER of Guarantees and Indemnities dated 9 April 2015 and 27 December 2019 executed by CHAN TSZ LOK THOMSON (陳子樂) in favour of DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司) to secure the indebtedness owed due and/or payable by EXTRA IDEAS LIMITED (惟德有限公司) to DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司)；
	AND IN THE MATTER of an application for an Order for possession and payment by DBS BANK (HONG KONG) LIMITED (星展銀行(香港)有限公司)

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BETWEEN
	DBS BANK (HONG KONG) LIMITED	Plaintiff
	(星展銀行(香港)有限公司)
	and
	EXTRA IDEAS LIMITED	1st Defendant
	(惟德有限公司)
	CHAN CATHY (陳惠敏)	2nd Defendant
	CHAN TSZ LOK THOMSON (陳子樂)	3rd Defendant
	CONCEPT PROPERTIES LIMITED	4th Defendant
	(創意置業有限公司)
	MAK WAI YAN (麥偉欣)	5th Defendant
	CHAN WING SZE DOREEN	6th Defendant
	(陳穎詩)

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Before:

Hon Tam J in Chambers (Open to Public)

Date of Hearing:	13 December 2024
Date of further written submissions for the 4^th and 6^th Defendants:	24 December 2024
Date of further written submissions for the Plaintiff:	30 December 2024
Date of Judgment:	31 March 2025
Date of Corrigendum:	3 April 2025

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C O R R I G E N D U M

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Please note the following amendments to the Judgment dated 31 March 2025:

1. Page 8, paragraph 9 (c)(i) and line I to J: “;” should be deleted.

2. Page 13, paragraph 16 and line R to S: “have contemplated” should read as “have been contemplated”.

DBS BANK (HONG KONG) LTD v. EXTRA IDEAS LTD AND OTHERS

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