Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Money lenders ordinance breaches

Legal area

Court

21 Mar 2018

LAM SAU FA v. GOLDEN RICH FINANCE LTD

Citation

[2018] HKCFI 572
Court

Court of First Instance
Case number

HCA3248/2016

The court found Golden Rich established a prima facie case; Madam Lam's allegations were implausible and flatly rebutted by the Recording, Transcript and contemporaneous documents and did not raise any credible triable issues; statutory breaches of the MLO were either immaterial to enforceability or remediable by deduction of HK$13,000 under s27(4); accordingly summary judgment was appropriate and the originating summons granted with costs on an indemnity basis.
9 Jun 1999

WONG SHUN v. JAPAN LEASING (HONG KONG) LTD.

Citation

WONG SHUN v. JAPAN LEASING (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCSD7/1999

Loans 2 and 3 were illegal and unenforceable under s.22(1) of the Money Lenders Ordinance at the time the statutory demand was served, so there was no indebtedness under those loans for the purposes of the statutory demand; loan 1 was covered by the creditor's security such that on the creditor's own valuation no balance remained; the court declined to exercise its discretion under s.22(2) at this interlocutory forum and stage because that requires fuller evidence and consideration; consequently the statutory demand was set aside with costs.