28 Jun 2016
FREEWAY FINANCE CO LTD v. LAI SAU KEI AND OTHERS
- Citation
- FREEWAY FINANCE CO LTD v. LAI SAU KEI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA561/2014
Contemporaneous bilingual and Chinese documents, application/drawdown instructions and Notices on Mortgage Risk established the 1st and 2nd defendants were borrowers; evidence did not prove actual or presumed undue influence by the 3rd defendant and the plaintiff was not put on inquiry; the agreements contained the particulars and Chinese summaries satisfying MLO s18; the contractual rate of 48% p.a. equates to the effective rate and is not presumed extortionate; non est factum and misrepresentation defences failed for want of care and credible contemporaneous evidence; calculation of outstan…