Hong Kong Case Law: Decisions & Judgments

Topic

Credit card liability

Legal area

Court

5 Sept 2007

AIG CREDIT CARD CO (HONG KONG) LTD v. SHUEN MI HO

Citation

AIG CREDIT CARD CO (HONG KONG) LTD v. SHUEN MI HO
Court

Court of First Instance
Case number

HCSA37/2007

The judge found no error of law in the Adjudicator's exercise of discretion: the Adjudicator reasonably concluded the defendant lacked a reasonably arguable defence and therefore lawfully imposed payment of the claimed sums into court as a condition to set aside the default judgments; accordingly leave to appeal was refused.
20 Mar 1984

SUN HUNG KAI BANK LIMITED v. LEUNG KING KOW

Citation

SUN HUNG KAI BANK LIMITED v. LEUNG KING KOW
Court

Court of First Instance
Case number

HCA15449/1983

The court found that issues concerning merchant floor‑limit breaches and the bank's contractual and factual entitlement to reclaim from merchants were mixed questions of law and fact requiring a full trial; accordingly it granted unconditional leave to defend as to amounts exceeding the merchant floor limits and conditional leave to defend as to the remaining amounts subject to specified protective conditions (payment into a joint interest‑bearing account). The court refused to dispose of those issues summarily under Order 14.
22 Aug 1979

OTB INTERNATIONAL CREDIT CARD LTD v. AU SAI CHAK, MICHAEL

Citation

OTB INTERNATIONAL CREDIT CARD LTD v. AU SAI CHAK, MICHAEL
Court

District Court
Case number

DCCJ2400/1979

Because the defendant promptly reported the theft and sent a confirming letter, and because the unauthorised transactions were attributable to the negligence of member establishments in verifying identity, it would be unconscionable to enforce clause 2; accordingly the plaintiff cannot recover the amounts and the action is dismissed.

Hong Kong Case Law

AIG CREDIT CARD CO (HONG KONG) LTD v. SHUEN MI HO

SUN HUNG KAI BANK LIMITED v. LEUNG KING KOW

OTB INTERNATIONAL CREDIT CARD LTD v. AU SAI CHAK, MICHAEL