22 Nov 2023
LUK HING CAPITAL LTD v. LEE CHEUK YIN, JIMMY
- Citation
- [2023] HKCFI 3004
- Court
- Court of First Instance
- Case number
- HCA1137/2022
The defendant established credible triable issues: a genuine dispute whether the requisite note/memorandum and prescribed summary under s18 MLO were provided and whether repayments via a related company under a Consultancy Agreement discharged the debt; those factual disputes preclude exercise of the court's discretion under s18(3) and require trial, therefore summary judgment and strike out were inappropriate and the defendant is entitled to unconditional leave to defend.