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Regina was Rex's girlfriend and they were planning to get married in April 2011. Regina and Rex were also business partners for a tutorial centre
Regina was Rex's girlfriend and they were planning to get married in April 2011. Regina and Rex were also business partners for a tutorial centre named "Advanced Learning Centre Limited" (ALCL). Both were the directors of ALCL and each held 50% of shares in ALCL. ALCL's banker was North Skandia Bank. The bank joint account mandate stated that both Regina and Rex must authorise to drawing cheques. Charles was an employee of ALCL. In May 2010, Rex asked Charles to draw from ALCL's current account 2 cheques with the total amount of HK$80,000 in favour of Rex's creditors to pay off some gambling debts. The 2 cheques were signed by Rex only and when the responsible staff from North Skandia Bank called Regina about the 2 cheques, Regina was busy and simply replied saying that everything was in order. Between July and August 2010, Charles forged the signatures of Regina and Rex to issue 3 cheques in the total amount of HK$160,000 in favour of Charles' father. Charles draws money from his father's account to buy a car. In July 2009, Regina and Rex purchased a flat in Homantin under joint names in the DCH Bank as they told the bank that they would get married in April 2011. In September 2010, ALCL was however under financial difficulty and Rex would like to borrow money from DCH Bank. Regina suggested Rex to talk to DCH Bank himself. During negotiation, Rex asked DCH Bank to provide a sum of HK$1,000,000 and an unlimited overdraft in favour of Rex. DCH Bank agreed to Rex's request provided that Rex could provide their Homantin property as security. Rex agreed and asked Regina to visit DCH Bank for signing the relevant loan documents. Before signing, Regina asked DCH Bank about the terms of borrowing, the loan manager of DCH Bank said, it is the same as what Rex told you. Indeed, Rex never told Regina about the unlimited overdraft. DCH Bank granted the loan after Regina signed on the relevant documents. In November 2011, Rex and Regina's relationship turned sour and they could not keep up the repayment. DCH Bank now seeks to take possession of the Homantin property and Regina replies that she was under undue influence to sign those loan documents and so DCH Bank cannot take possession of the Homantin property. Regina further stated that those 5 cheques drawn on ALCL's current account were unauthorized debits and claims the total amount of HK$240,000 back from North Skandia Bank. Advise Regina, Rex, North Skandia Bank and DCH Bank as to their legal liabilities and rights and duties against each other. 25 m
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