Hong Kong Case Law: Decisions & Judgments

Topic

Interest rate legality

Legal area

Court

28 Oct 2024

KONEW CAPITAL INTERNATIONAL LTD v. WONG KONG HEUNG formerly known as WONG KWONG HEUNG CANDY

Citation

[2024] HKDC 1801
Court

District Court
Case number

DCMP4781/2022

The court found the statutory formalities under the MLO and procedural requirements under the RDC were satisfied, the interest charged was lawful as simple interest under the MLO, the Defendant's defenses (non-cancellation of an earlier mortgage, alleged misrepresentation, alleged compound interest) lacked merit or were unparticularized, and accordingly there were no triable issues; summary judgment for the Plaintiff was therefore entered for the revised claim and costs.
31 Dec 2015

LAM YEE HUNG v. CHINACHEM CHARITABLE FOUNDATION LTD

Citation

LAM YEE HUNG v. CHINACHEM CHARITABLE FOUNDATION LTD
Court

Court of First Instance
Case number

HCA764/2015

The court ordered particulars because the plaintiff pleaded an oral loan agreement and multiple meetings; particulars of when, who, where and the terms are fundamental to define the agreement, permit discovery (including from third parties), enable preparation of witness statements and avoid late applications and prejudice, and therefore must be served within 14 days.
20 Nov 2015

LAW CHUN WAI t/a FU TAT FINANCE CO v. CHU SUK HAR AND ANOTHER

Citation

LAW CHUN WAI t/a FU TAT FINANCE CO v. CHU SUK HAR AND ANOTHER
Court

District Court
Case number

DCMP1359/2015

Upon default the plaintiff acquired an interest in possession under the legal charge and was therefore a person interested under the Partition Ordinance; given the small size and design of the flat partition was impracticable and no evidence of hardship was produced by the absent defendants, the court exercised its discretion under section 6(1) PO to order sale; costs awarded against the 1st defendant.
23 Nov 2000

WOO CHIU LIN v. LEUNG CHI YING

Citation

WOO CHIU LIN v. LEUNG CHI YING
Court

Court of First Instance
Case number

HCMP4493/1999

Master Lung's order to continue the proceedings as if begun by writ was correct because the affidavits raised clear and substantial issues of fact (interpretation/understanding of the charge, disputed payment of interest and potential contravention of s.24 Cap.163), making the matter unsuitable for determination by Originating Summons; the appeal is dismissed.

Hong Kong Case Law

KONEW CAPITAL INTERNATIONAL LTD v. WONG KONG HEUNG formerly known as WONG KWONG HEUNG CANDY

LAM YEE HUNG v. CHINACHEM CHARITABLE FOUNDATION LTD

LAW CHUN WAI t/a FU TAT FINANCE CO v. CHU SUK HAR AND ANOTHER

WOO CHIU LIN v. LEUNG CHI YING