朱江峰 對 威懋亞太有限公司（trading as INFINITY INTERNATIONAL）

朱江峰 對 威懋亞太有限公司（trading as INFINITY INTERNATIONAL）

The statement of claim established on its face that the three contracts were entered into in circumstances rendering them void under Unconscionable Contracts Ordinance s5(1); the documents were validly served; no defence or proposed defence was filed; accordingly the court exercised its discretion under Order 19 r7...

Source-derived case information.

Citation
[2024] HKDC 1134
Parties
Plaintiff: CHU KONG FUNG 朱江峰; Defendant: CHARM POWER ASIA PACIFIC LIMITED 威懋亞太有限公司 (trading as INFINITY INTERNATIONAL)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 June 2024
Case Number
DCCJ2537/2023
Procedural Posture
Civil (contract) / Default Judgment Application (order 19 Rule 7)
Outcome
Judgment for plaintiff: three contracts declared void; defendant ordered to repay HKD128,100 and to pay plaintiff's costs (to be assessed)
Legal Topics
Unconscionable Contract, Duress, Default Judgment, Costs Assessment
Source Language
ch
Contract Civil Procedure Restitution Unconscionable Contract Duress Default Judgment Costs Assessment

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Parties

CHU KONG FUNG 朱江峰

Plaintiff

CHARM POWER ASIA PACIFIC LIMITED 威懋亞太有限公司 (trading as INFINITY INTERNATIONAL)

Defendant

Procedural Posture

Civil (contract) / Default Judgment Application (order 19 Rule 7)

Legal Issues

  1. 1 Whether the three contracts dated 19 Jan 2019, 20 Jan 2019 and 10 Jun 2021 are void for unconscionability/duress under Unconscionable Contracts Ordinance (Cap.458) s5(1)
  2. 2 Whether plaintiff is entitled to restitution of HKD 128,100 paid under the three contracts
  3. 3 Whether court should exercise its discretion to enter judgment under Order 19 r7 in absence of any proposed defence or defence filed

Ratio Decidendi

The statement of claim established on its face that the three contracts were entered into in circumstances rendering them void under Unconscionable Contracts Ordinance s5(1); the documents were validly served; no defence or proposed defence was filed; accordingly the court exercised its discretion under Order 19 r7 to enter judgment for the plaintiff declaring the contracts void and ordering repayment of HKD128,100 and costs to be assessed.

Court Disposition

Judgment for plaintiff: three contracts declared void; defendant ordered to repay HKD128,100 and to pay plaintiff's costs (to be assessed)

Orders

  • Declare void the three contracts dated 19 January 2019, 20 January 2019 and 10 June 2021.
  • Defendant to immediately repay to plaintiff HKD 128,100.