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
- HCA15044/1999
The indemnity cost provisions in the credit card agreements were unconscionable under the Unconscionable Contracts Ordinance given the unequal bargaining positions, lack of notice, the extraordinarily wide uncapped scope permitting unreasonable third party and administrative charges and the context of high interest rates; accordingly the clauses were unenforceable and the plaintiffs were limited to fixed costs as provided by Order 62.