17 Feb 2012
東亞銀行有限公司 對 葉志偉及另二人
- Citation
- 東亞銀行有限公司 對 葉志偉及另二人
- Court
- Court of Appeal
- Case number
- CACV70/2011
The Court upheld the trial judge: (1) the contractual interest rate on the first and second defendants' personal installment loans was Prime+0.5% as shown by bank records and consistent conduct; (2) the alleged oral agreement was not proved and did not displace the written loan letters; (3) capitalisation of overdraft interest was an implied term by banking custom and the parties' conduct and was therefore lawful; (4) the plaintiff was contractually entitled to default interest only for the invoice financing facility (third defendant) and failed to establish contractual default rates for othe…