28 Feb 2018
JOHN ROBERT LEES and TSUI CHI CHIU, the Joint and Several Liquidators of GMF FINANCE LTD (in Creditors’ Voluntary Liquidation) v. CLOUTIER GUY EVON HUANG JIALIN
- Citation
- [2018] HKCFI 366
- Court
- Court of First Instance
- Case number
- HCMP3079/2016
The court exercised its discretion under s18(3) MLO to uphold and enforce the loan agreement and registered second charge because the defendants received and used the actual loan amount, suffered no prejudice from the statutory and procedural inaccuracies, the plaintiffs remedied and conceded certain charges and reduced the effective interest to 18.1% p.a., and the defects were severable and insignificant; accordingly the master's order for repayment and possession was upheld and the appeal dismissed.