28 Feb 2023
SHE CHING YAN v. CAI YUNXIANG AND OTHERS
- Citation
- [2023] HKCFI 592
- Court
- Court of First Instance
- Case number
- HCA1062/2020
The decision admits and treats the Pan Jing determination under s59 as establishing that private currency exchange with an unlicensed agent contravenes PRC law; the 18th defendant's alleged currency exchange is therefore an illegality of the type 2 class under Ryder (performance necessarily involves illegal act in place of performance) and cannot be relied on to sustain change of position or bona fide purchaser defences; on undisputed facts the defences are unavailable and summary judgment is entered for plaintiff for HK$140,000 and the counterclaim is struck out.