20 Nov 2024
GAO YANLING v. CREDIT SUISSE AG, HONG KONG BRANCH
- Citation
- [2024] HKCA 1083
- Court
- Court of Appeal
- Case number
- CACV4/2023
The Court dismissed the appeal: the applicant failed to particularize and prove a bona fide dispute on substantial grounds as to the quantification of the Debt; the AOTC conclusive-evidence clauses barred the late, blanket challenge in the absence of timely written objections or obvious manifest errors; the respondent’s exercise of contractual discretion to determine close-out/termination amounts was not shown to be irrational, arbitrary or a penalty on the evidence; UCO and Code arguments did not oust contractual liability.