14 Nov 2008
THE NEW CHINA HONG KONG FINANCE LTD (In Liquidation) v. SHIMADA LTD
- Citation
- THE NEW CHINA HONG KONG FINANCE LTD (In Liquidation) v. SHIMADA LTD
- Court
- Court of First Instance
- Case number
- HCA11030/1999
The court exercised its s18(3) discretion to enforce the Shimada and Wong loan agreements because the defendants were sophisticated, monthly statements provided detailed transaction and interest information, and no prejudice flowed from omission of the contractual interest rate; the pleas of non est factum and set-off failed for lack of evidence; accordingly judgment entered for the plaintiff for the declared sums and interest.