滙龍按揭信貸有限公司 對 馮添華

滙龍按揭信貸有限公司 對 馮添華

The application to extend time was dismissed because the defendant failed to provide any specific evidence or affidavit to challenge the plaintiff's compliant Order 83A affidavit or to prove the loans were secured, and offered no adequate explanation for the delay; the plaintiff's supporting affidavit met the...

Source-derived case information.

Citation
[2025] HKCFI 4285
Parties
Plaintiff: CAPITAL DRAGON CREDIT FINANCE LIMITED; Defendant: FUNG TIM WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2025
Case Number
HCA1631/2024
Procedural Posture
Civil (debt Recovery Under Money Lenders Ordinance) / Application to Extend Time to Appeal Against Hearing Officer's Decision (interlocutory)
Outcome
Application to extend time to appeal dismissed; interim costs order in favour of plaintiff.
Legal Topics
Extension of Time to Appeal, Order 83 a Application, Unsecured Loans, Burden of Proof, Summary Costs Assessment
Source Language
ch
Civil Procedure Debt Recovery Moneylenders Regulation Contract Law Evidence Extension of Time to Appeal Order 83 a Application Unsecured Loans +2 more

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Parties

CAPITAL DRAGON CREDIT FINANCE LIMITED

Plaintiff

FUNG TIM WAH

Defendant

Procedural Posture

Civil (debt Recovery Under Money Lenders Ordinance) / Application to Extend Time to Appeal Against Hearing Officer's Decision (interlocutory)

  1. 1 Whether to grant extension of time to appeal
  2. 2 Whether defendant provided evidential basis to challenge the calculation of indebtedness
  3. 3 Whether defendant provided evidence that loans were secured by shares

Ratio Decidendi

The application to extend time was dismissed because the defendant failed to provide any specific evidence or affidavit to challenge the plaintiff's compliant Order 83A affidavit or to prove the loans were secured, and offered no adequate explanation for the delay; the plaintiff's supporting affidavit met the requirements of Order 83A and the defendant's bare assertions were not arguable.

Court Disposition

Application to extend time to appeal dismissed; interim costs order in favour of plaintiff.

Orders

  • Application to extend time dismissed.
  • Defendant ordered to pay the plaintiff's costs of this application; interim costs order to be made absolute if no application to vary within 14 days.