27 Sept 2019
EASY FORTUNE PROPERTY LTD v. YUNG CHUN HIM
- Citation
- [2019] HKCA 1055
- Court
- Court of Appeal
- Case number
- CACV182/2016
Court held that where an actual contractual rate is stated and the loan structure permits such a rate to be expressed, Schedule 2 does not apply and s 24 is assessed against that rate; default interest issues fall to s 22; exercising the discretionary powers in ss 18(3) and 22(2) the Court affirmed enforcement of the loan reduced to HK$4,160,000 (principal less set-up fee and amounts already paid) but set aside the order for delivery up of vacant possession and granted the defendant leave to defend any claim for possession and any claim exceeding HK$4,160,000.