6 Jan 2020
THE ONE CREDIT LTD v. YEUNG YUEN FU
- Citation
- [2020] HKDC 10
- Court
- District Court
- Case number
- DCCJ4600/2019
The appeal was allowed because the defendant's pleaded defence raised a plausible statutory defence under MLO s19 which could bar the plaintiff's recovery, the striking out application was procedurally defective (summons did not specify grounds and PD19.1 para 5 was not complied with), and the defence and counterclaim disclosed questions fit for trial or amendment rather than being plainly unsustainable, therefore they should not be struck out but amended and the Master's costs order set aside.