26 Jan 2010
CATHAY PORT LTD v. ZHU MING
- Citation
- CATHAY PORT LTD v. ZHU MING
- Court
- Court of First Instance
- Case number
- HCA1096/2009
The court held that the Defendant had an arguable defence because the Deed of Forbearance and related instrument provisions produce composite interest mechanics that engage ss24-25 of the Money Lenders Ordinance; the purported post-execution capping clause was not established as validly incorporated or supported by consideration; the Master’s order granting partial judgment for the Plaintiff was set aside and the Defendant’s appeal allowed while the Plaintiff’s cross-appeal was dismissed; summary judgment and strike out applications were dismissed as premature given the extant issues about en…
- Forbearance deed
- Penalty and default interest
- Money lenders ordinance (cap.163) ss24-25
- Extortionate transactions
- Delivery of deed and incorporation of variation
- Mortgagee enforcement/foreclosure