8 Apr 2019
CENTRAL SOUTHWOOD LTD v. MA WAI KIN AND ANOTHER
- Citation
- [2019] HKDC 457
- Court
- District Court
- Case number
- DCCJ3343/2016
On a provisional assessment the defendants' evidence could well be believed at trial that the loan transaction was a domestic arrangement cloaked as a PRC loan to avoid the MLO, the choice of PRC law was not bona fide, and therefore the principal loan and the indemnity may be unenforceable; accordingly the 1st Defendant established a meritorious defence and the regular judgment and charging order must be set aside and discharged and leave given to defend.