CHUI MONG SHUI AND ANOTHER v. WEALTH ASIA CREDITS LTD AND ANOTHER

CHUI MONG SHUI AND ANOTHER v. WEALTH ASIA CREDITS LTD AND ANOTHER

Court found on credibility and evidence that the Plaintiffs read and understood the Minutes of Consent Order which was explained to them in Chinese by the 1st Defendant's solicitor, that they signed voluntarily and were not unduly influenced nor misled at the meeting; accordingly the application to set aside the Minutes and Consent Order failed and the Plaintiffs' claims were dismissed.

Citation
[2020] HKCFI 2098
Parties
1st Plaintiff: CHUI MONG SHUI (徐夢瑞); 2nd Plaintiff: KO HOK WAH (高學華); 1st Defendant: WEALTH ASIA CREDITS LIMITED (國富物業信貸有限公司); 2nd Defendant: CHUI MAN HIN (徐敏軒)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2020
Case Number
HCMP2684/2017
Procedural Posture
Civil Application to Set Aside Consent Order / Judgment
Outcome
Plaintiffs' claims dismissed
Legal Topics
Undue Influence, Misrepresentation, Consent Order, Power of Attorney, Put on Inquiry, Money Lenders Ordinance S18
Source Language
EN
Equity Contract Mortgage Civil Procedure Money Lending Law Undue Influence Misrepresentation Consent Order +3 more

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Parties

CHUI MONG SHUI (徐夢瑞)

1st Plaintiff

KO HOK WAH (高學華)

2nd Plaintiff

WEALTH ASIA CREDITS LIMITED (國富物業信貸有限公司)

1st Defendant

CHUI MAN HIN (徐敏軒)

2nd Defendant

Procedural Posture

Civil Application to Set Aside Consent Order / Judgment

Legal Issues

  1. 1 Whether the Minutes of Consent Order and Registrar's Consent Order of 31 July 2017 should be set aside for misrepresentation by the Son
  2. 2 Whether the Plaintiffs were unduly influenced (actual or presumed) into signing the Minutes of Consent Order
  3. 3 Whether the 1st Defendant money lender was put on inquiry and liable because of constructive notice of undue influence or misrepresentation

Ratio Decidendi

Court found on credibility and evidence that the Plaintiffs read and understood the Minutes of Consent Order which was explained to them in Chinese by the 1st Defendant's solicitor, that they signed voluntarily and were not unduly influenced nor misled at the meeting; accordingly the application to set aside the Minutes and Consent Order failed and the Plaintiffs' claims were dismissed.

Court Disposition

Plaintiffs' claims dismissed

Orders

  • Plaintiffs to pay costs of and occasioned by the 1st Defendant on a party to party basis, to be taxed if not agreed