Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Financing arrangements

Legal area

Court

10 Jan 2002

RE C.A. PACIFIC FINANCE LTD. (in Liquidation)

Citation

RE C.A. PACIFIC FINANCE LTD. (in Liquidation)
Court

Court of First Instance
Case number

HCCW37/1998

Because the account statements bore a 02 suffix, financing was charged on the entire purchase price at a rate consistent with CAP Securities (prime plus 10%) and there were no statements from CAP Finance, the court concluded that CAP Securities treated Mr Chan as its cash client and ordered reclassification despite the signed MOD.
30 Oct 2000

MACVIN INTERNATIONAL LTD. v. CHAN NAI KANG, NATHANAEL AND ANOTHER

Citation

MACVIN INTERNATIONAL LTD. v. CHAN NAI KANG, NATHANAEL AND ANOTHER
Court

Court of First Instance
Case number

HCA7393/1999

The summons for summary judgment and for an account was dismissed because the case raised substantial contested facts and legal issues (including the effect of the Loan Agreement, the characterization of the advance rents as property rights and the overlap with an extant 1995 action) making the matter unsuitable for disposal on summons; the defendant had arguable defences and unconditional leave to defend would have been appropriate.