18 Oct 2004
CELESTIAL FINANCE LTD v. YU MAN HON AND OTHERS
- Citation
- CELESTIAL FINANCE LTD v. YU MAN HON AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV2/2004
Defaults under s20(1)(c) are continuing in nature and, except where the underlying s18(1) requirement (eg signature before lending) makes compliance impossible, such defaults are curable by subsequent provision of the required documents; s20(4) suspends enforceability only while the default continues and subsequent compliance restores the money lender's entitlement to enforce the security. Accordingly the Court allowed the appeal, set aside the Court of Appeal's striking-out order and reinstated the appellant's action.