22 Dec 2016
SWISS FINANCE MORTGAGE SERVICES LTD v. WONG KAM FAN AND ANOTHER
- Citation
- SWISS FINANCE MORTGAGE SERVICES LTD v. WONG KAM FAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1244/2015
Defendants failed to establish triable issues of actual undue influence or unconscionability and produced no reliable evidence that plaintiff knowingly took unfair advantage; the alleged handling fees were unproven and clause 11's contravention of s22(1)(c) did not mandate unenforceability because, on balance of the equities and applying the wide discretion in s22(2) MLO, it was equitable to enforce the loan for principal and contractual interest; accordingly the appeal is dismissed and plaintiff entitled to judgment and costs.