7 Dec 2018
KEY STEP VENTURES LTD v. FUGUINIAO GROUP LTD AND OTHERS
- Citation
- [2018] HKCFI 2667
- Court
- Court of First Instance
- Case number
- HCA2327/2017
Although service on D2 and D3 was found to have brought the writ to their notice, the court exercised its discretion to refuse default judgment because a substantive common defence raised by D1 — that the Facility Agreement may be unenforceable or contain extortionate default interest under the Money Lenders Ordinance — is central to the claims against the guarantors; entry of default judgment against D2 and D3 before trial would be undesirable and potentially prejudicial. The application was therefore stood over to trial.