KWOK FAI WEALTH INVESTMENT LTD v. HUI KAM CHEUNG

KWOK FAI WEALTH INVESTMENT LTD v. HUI KAM CHEUNG

Leave to appeal refused because the trial judge properly raised and managed the s18 issue based on pleaded denials, the plaintiff had opportunity but chose not to adduce further evidence, the relied documents did not satisfy s18(2)(j), and there was no evidential basis to require enforcement of the contractually...

Source-derived case information.

Citation
[2018] HKDC 677
Parties
Plaintiff: KWOK FAI WEALTH INVESTMENT LIMITED (幗暉創富投資有限公司); Defendant: HUI KAM CHEUNG (許金祥)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 June 2018
Case Number
DCCJ4258/2015
Procedural Posture
Civil Debt/loan Enforcement / Application for Permission to Appeal (leave to Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Leave to Appeal, Amendment of Pleadings, Statutory Disclosure Under Money Lenders Ordinance S18, Usurious Interest and Enforcement
Source Language
ch
Civil Procedure Contract Law Money Lenders Regulation Leave to Appeal Amendment of Pleadings Statutory Disclosure Under Money Lenders Ordinance S18 Usurious Interest and Enforcement

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Parties

KWOK FAI WEALTH INVESTMENT LIMITED (幗暉創富投資有限公司)

Plaintiff

HUI KAM CHEUNG (許金祥)

Defendant

Procedural Posture

Civil Debt/loan Enforcement / Application for Permission to Appeal (leave to Appeal)

  1. 1 Whether the trial court improperly raised a new issue (compliance with Money Lenders Ordinance s18) at trial without prior pleading
  2. 2 Whether the court could decide non-compliance specifically under s18(2)(j) without parties having pleaded that sub‑paragraph
  3. 3 Whether documents showing lender address satisfy s18(2)(j) requirement for place of negotiation/completion

Ratio Decidendi

Leave to appeal refused because the trial judge properly raised and managed the s18 issue based on pleaded denials, the plaintiff had opportunity but chose not to adduce further evidence, the relied documents did not satisfy s18(2)(j), and there was no evidential basis to require enforcement of the contractually specified 54% rate which is presumptively extortionate under s25(3); accordingly no reasonable prospect of success on appeal existed.

Court Disposition

Application for permission to appeal refused

Orders

  • Leave to appeal refused
  • Plaintiff to pay defendant’s costs of this application