18 Jul 2000
JAPAN LEASING (HONG KONG) LTD. v. FULLY WELL INVESTMENT LTD.
- Citation
- JAPAN LEASING (HONG KONG) LTD. v. FULLY WELL INVESTMENT LTD.
- Court
- Court of Appeal
- Case number
- CACV83/2000
The agreement, read as a whole, confines the contractual entitlement to 'Overdue Interest' to instalments that are not paid punctually (and for the period from each instalment's due date until payment) and does not confer an entitlement to charge the Overdue Interest on the whole outstanding principal or amounts called in; the normal 'Interest Rate' governs other sums including after judgment unless the contract expressly provides otherwise; the court will not interpolate or imply terms to extend Overdue Interest to called amounts absent necessity or clear intention.