6 Oct 2021
K CASH LTD (formerly known as mtree.money Limited) v. SO WANG FUNG by SO WANG MING his guardian ad litem
- Citation
- [2021] HKCA 1472
- Court
- Court of Appeal
- Case number
- CACV93/2020
The Court held that there was sufficient evidence of collusion and deception such that payments received by a third party (Chan) were remuneration 'for or in connection with' obtaining the loan within s27(3) MHO; accordingly s27(4) permitted those sums (the two cheques of HK$226,896 each) to be set off against the HK$600,000 loan, leaving HK$146,208 payable by the defendant; the finding of collusion and the application of s27 were not plainly wrong and supported partial allowance of the appeal.