19 Dec 2018
The court found Lee had demonstrated a bona fide dispute on substantial grounds due to multiple unusual and suspicious features in the contract and arbitration award; consequently a winding-up order was inappropriate and the petition was dismissed, with costs awarded against the petitioner.
7 Nov 2007
Assignment was effective under clause 11.1 and the transfer agreement so Citibank HK had locus; the Money Lenders Ordinance does not apply to authorised banking institutions so the usury argument fails; the notice of default rates applies the 34% rate to the defendant's circumstances irrespective of card label; clause 4.3(d) authorises the bank's finance charge methodology; there is a tenuous triable issue only on whether amendment notices were actually received, but it is shadowy and insufficient to defeat summary disposal fully; conditional leave to defend was granted subject to payment int…
17 Nov 2004
The Letter on its true construction is a sub-contract and not an assignment; even if it could be read as an assignment the SSC expressly prohibited assignment so any assignment would be ineffective; Master Wong's prior determination that the Letter was a sub-contract is binding and precludes Brilliant from relitigating that issue; the pleaded new oral causes are inadequately particularised and allegations in respect of Sum B are barred by issue estoppel, therefore the parts of the RASOC based on assignment and specified paragraphs must be struck out and the amendment application dismissed wit…
15 Jul 1993
Multi Sky was in substance a plaintiff in a cross action and there was credible evidence of its inability to pay the Plaintiff's costs (notably indebtedness to B.C.C., prior judgments, lack of financial disclosure and corporate obfuscation); balancing the bona fide nature of the counterclaim against the plaintiffs' need for protection, the court exercised its discretion to order security in the sum of HK$750,000 to be deposited in cash or provided by bank guarantee within 21 days, failing which the counterclaim is stayed; costs order nisi granted to plaintiff.