10 Jul 2000
HANG SENG CREDIT CARD LTD. v. TSANG NGA LEE
- Citation
- HANG SENG CREDIT CARD LTD. v. TSANG NGA LEE
- Court
- Court of First Instance
- Case number
- HCA15039/1999
The indemnity costs clause in the standard form credit card agreements is unconscionable under the UCO because of the parties' unequal bargaining power, lack of meaningful notice, the clause's extreme breadth (covering non‑litigation and unbounded charges) and its capacity to be applied harshly and unreasonably; accordingly the court exercised its costs discretion to refuse indemnity taxation and to allow only fixed costs.