23 Jun 1982
EVER FINANCE LTD v. YUEN WAI PIU
- Citation
- EVER FINANCE LTD v. YUEN WAI PIU
- Court
- Court of Appeal
- Case number
- CACV53/1982
The judge below was correct to enlarge time and set aside the registrar's judgment because a substantial, non‑trivial point of law (whether loans in breach of s.22 Cap.328 are unenforceable) was raised and factual contradictions required trial; however the judge erred in remitting the matter to the registrar instead of deciding it himself—therefore the Court dismissed the appellant's appeal, upheld the setting aside of the registrar's judgment, and varied the judge's order to grant unconditional leave to defend.