Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory compliance s.18 money lenders ordinance

Legal area

Court

25 Jan 2007

REES TAYLOR FINANCE LTD v. CHEUNG YU TIN ALVIN

Citation

REES TAYLOR FINANCE LTD v. CHEUNG YU TIN ALVIN
Court

District Court
Case number

DCCJ2081/2006

Summary judgment was refused because there existed a real and arguable triable issue that the loan agreement might be champertous and that the written clauses linking the loan to the recovery agency could not be resolved summarily; given those contested factual and legal issues, O.14 relief was inappropriate.
15 Oct 2001

KWONG IAN (HONG KONG) CONSTRUCTION AND REAL ESTATE DEVELOPMENT CO. LTD. v. KOMPAN FINANCE LTD.

Citation

KWONG IAN (HONG KONG) CONSTRUCTION AND REAL ESTATE DEVELOPMENT CO. LTD. v. KOMPAN FINANCE LTD.
Court

Court of First Instance
Case number

HCA2356/2001

The court found a genuine triable issue whether the borrower was the Macau company or the Hong Kong company based on the agreement's party descriptions, stamps, signatures and correspondence; therefore the defendant was not entitled to final judgment on its counterclaim at interlocutory stage and the plaintiff was granted unconditional leave to defend the counterclaim.