Hong Kong Case Law: Decisions & Judgments

Topic

Interest assessment

Legal area

Court

5 Dec 2025

RE LAM MUK CHOI

Citation

[2025] HKCFI 6124
Court

Court of First Instance
Case number

HCMP1455/2025

The applicant proved he was entitled to redeem and had taken reasonable steps to locate the mortgagee who could not be found; exercising the court's discretion under s12A, payment into court of HK$52 (HK$4 principal plus interest at 10% p.a. compounded over 120 years as adopted for contingency) was sufficient to redeem the mortgage; leave granted subject to advertisement and time for any interested person to apply.
17 Sept 2012

HUANG MUCAI v. CHENG ZHEN SHU

Citation

HUANG MUCAI v. CHENG ZHEN SHU
Court

Court of First Instance
Case number

HCA1237/2011

The appeal was dismissed because the defendant's alleged collateral contract and fulfilment of the Two Conditions were inherently improbable, lacked necessary particulars and were inconsistent with contemporaneous documents; the MLO defence was unsubstantiated; therefore summary judgment for the plaintiff on principal was proper while the issue of interest requires assessment and limited leave to defend was correctly granted.
18 Apr 2012

NANYANG COMMERCIAL BANK LTD v. CHAN HON KEUNG and CHAU CHUN HIN t/a TAYOPA DECORATION CO AND OTHERS

Citation

NANYANG COMMERCIAL BANK LTD v. CHAN HON KEUNG and CHAU CHUN HIN t/a TAYOPA DECORATION CO AND OTHERS
Court

Court of First Instance
Case number

HCMP1500/2001

The 2nd defendant's factual assertions were not credible and were inconsistent with his earlier statements and conduct; credible witness evidence established the mortgage had been explained, properly executed and sealed and expressly secured all moneys due including variations; therefore the defences based on limited liability, non-disclosure, absence of seal and fraud failed and summary judgment for the plaintiff was appropriate with interest limited to a reduced accrual period due to delay.
16 Sept 2008

NEW WELL INTERNATIONAL METAL WARE LTD v. IMPACT SPECIAL MACHINES INC.

Citation

NEW WELL INTERNATIONAL METAL WARE LTD v. IMPACT SPECIAL MACHINES INC.
Court

Court of First Instance
Case number

HCA2863/2006

Defendant repudiated the contract by demanding full payment contrary to the contractual term that the second instalment was payable only after customs clearance; the US$156,000 was an instalment (not a deposit) and there was no contractual right to retain it or any counterclaim for damages by defendant; accordingly plaintiff is entitled to restitution of the instalment with interest and costs.
29 Jun 2005

NEW WORLD DEVELOPMENT CO LTD AND ANOTHER v. SUN HUNG KAI SECURITIES LTD

Citation

NEW WORLD DEVELOPMENT CO LTD AND ANOTHER v. SUN HUNG KAI SECURITIES LTD
Court

Court of Appeal
Case number

CACV210/2004

The Court upheld the trial judge: the April 1990 oral agreement was binding and imposed on the defendant an obligation to fund its proportionate share (25% of total) of the joint venture financing (equity, rights issue subscription and shareholder loans); earlier claims were not statute-barred because defendant acknowledged the obligation in contemporaneous correspondence; the quantum as found by the judge was open to be accepted and assessed in HKD; the counterclaim alleging breach of authority/trust failed and was dismissed; the appeal was dismissed save for a variation of interest rate for…
24 Mar 2001

KONEW FINANCE LTD v. WONG KAI MING AND ANOTHER

Citation

KONEW FINANCE LTD v. WONG KAI MING AND ANOTHER
Court

District Court
Case number

DCCJ17916/2000

The loan agreements were void and unenforceable: they purported to create charges over housing authority controlled land in breach of Housing Ordinance s.17B and they failed to comply with Money Lenders Ordinance s.18(2) by not setting out the form of security and place of negotiation; the court declined to exercise its equitable discretion under s.18(3) to enforce any part of the agreements, and thus dismissed the summonses.

Hong Kong Case Law

RE LAM MUK CHOI

HUANG MUCAI v. CHENG ZHEN SHU

NANYANG COMMERCIAL BANK LTD v. CHAN HON KEUNG and CHAU CHUN HIN t/a TAYOPA DECORATION CO AND OTHERS

NEW WELL INTERNATIONAL METAL WARE LTD v. IMPACT SPECIAL MACHINES INC.

NEW WORLD DEVELOPMENT CO LTD AND ANOTHER v. SUN HUNG KAI SECURITIES LTD

KONEW FINANCE LTD v. WONG KAI MING AND ANOTHER