Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unconscionable contracts ordinance (uco)

Legal area

Court

20 Jul 2018

CREDIT SUISSE AG, HONG KONG BRANCH v. MAN TIN CHOW

Citation

[2018] HKCFI 1671
Court

Court of First Instance
Case number

HCA2294/2016

Defendant failed to particularise or evidentially support any defence to show a triable issue; his inability to read English did not vitiate his signed consent absent evidence he took reasonable precautions; contemporaneous notices and calls and express contractual rights authorised the bank's liquidation; the separate action and references to UCO or forbearance were not pleaded or evidenced to defeat summary judgment, therefore summary judgment stands and appeal is dismissed.
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

HCA13228/1999

On the facts and relevant statutory criteria under the Unconscionable Contracts Ordinance, the contractual cost provisions were unconscionable because they were standard form clauses imposed on consumers with unequal bargaining power, drafted so widely as to permit unreasonable and uncapped direct and indirect charges; accordingly the clauses were unenforceable and the plaintiffs were entitled only to fixed costs. The appeal is dismissed and Master Chan's order is affirmed.