12 Apr 2024
美力高財務有限公司 對 黃港香
- Citation
- [2024] HKDC 572
- Court
- District Court
- Case number
- DCCJ3063/2022
The appeal is allowed because there are triable and material disputes of fact and law—notably whether the defendant actually received HKD600,000 or only HKD480,000 (supported by bank records) and whether the alleged HKD120,000 administrative deduction and resulting effective interest rate render the loan agreement unlawful—such disputes cannot properly be resolved on a summary judgment or by conditional leave with a deposit; the hearing officer's conditional order is therefore set aside and summary judgment, conditional leave to defend and interim payment are refused; costs to follow the appe…