27 Dec 2018
K CASH LTD v. SO WANG FUNG BY SO WANG MING HIS GUARDIAN AD LITEM
- Citation
- [2018] HKDC 1588
- Court
- District Court
- Case number
- DCCJ5085/2014
Judge found on the balance of probabilities that the defendant was mentally incapacitated and that the plaintiff, through its handling staff, knew of the incapacity and was in collusion with intermediaries/third parties to deceive the defendant into obtaining the loan; therefore the Agreement was illegal and unenforceable and the plaintiff could not recover in restitution because the defendant did not retain any benefit and public policy precluded recovery; accordingly plaintiff's claims dismissed and costs ordered for defendant.