TREASURE SPOT FINANCE CO LTD v. LI CHIK MING AND ANOTHER

TREASURE SPOT FINANCE CO LTD v. LI CHIK MING AND ANOTHER

Although illegality under section 18 can render a transaction unenforceable, the defendant must plead facts to raise the illegality defence under Order 18 r 8; however, because the point was raised late and concerns illegality, the court allowed the 1st Defendant to take the point but admitted the Plaintiff's supplemental witness statement and permitted cross-examination and applications to adduce further evidence to ensure fairness.

Citation
TREASURE SPOT FINANCE CO LTD v. LI CHIK MING AND ANOTHER
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2007
Case Number
HCA5387/2001
Procedural Posture
Civil Loan Dispute / Post Trial Reserved Judgment; Interlocutory Ruling on Supplemental Evidence and Illegality Point
Outcome
1st Defendant permitted to raise illegality under section 18 of the Money Lenders Ordinance; supplemental witness statement of Mr Kenneth Woo admitted; Plaintiff granted opportunity to adduce and test evidence.
Legal Topics
Money Lenders Ordinance Section 18, Illegality Defence, Pleading Requirements (order 18 R 8), Supplemental Witness Statement, Cross Examination and Adducing Further Evidence
Source Language
EN
Money Lenders Law Civil Procedure Contract Law Evidence Money Lenders Ordinance Section 18 Illegality Defence Pleading Requirements (order 18 R 8) Supplemental Witness Statement +1 more

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Procedural Posture

Civil Loan Dispute / Post Trial Reserved Judgment; Interlocutory Ruling on Supplemental Evidence and Illegality Point

Legal Issues

  1. 1 Interpretation and effect of section 18 of the Money Lenders Ordinance regarding supply of note/memorandum to borrowers
  2. 2 Whether the 1st Defendant may raise an illegality defence without specific pleading under Order 18 r 8
  3. 3 Whether the Plaintiff must plead or prove compliance with the Money Lenders Ordinance

Ratio Decidendi

Although illegality under section 18 can render a transaction unenforceable, the defendant must plead facts to raise the illegality defence under Order 18 r 8; however, because the point was raised late and concerns illegality, the court allowed the 1st Defendant to take the point but admitted the Plaintiff's supplemental witness statement and permitted cross-examination and applications to adduce further evidence to ensure fairness.

Court Disposition

1st Defendant permitted to raise illegality under section 18 of the Money Lenders Ordinance; supplemental witness statement of Mr Kenneth Woo admitted; Plaintiff granted opportunity to adduce and test evidence.

Orders

  • Miss Eling Lee of the 1st Defendant permitted to raise the question of illegality under section 18 of the Money Lenders Ordinance
  • Supplemental witness statement of Mr Kenneth Woo admitted