8 Apr 2019
FAST BILLION HOLDINGS LTD v. SUN PUI YUK
- Citation
- [2019] HKCFI 886
- Court
- Court of First Instance
- Case number
- HCA2984/2015
The court found on the evidence that the parties had agreed an additional undisclosed upfront interest (HK$60,000) in respect of the Second Loan and that the plaintiff misappropriated the surplus from the second disbursement rather than accounting for or returning it; the nondisclosure breached s18 of the Money Lenders Ordinance, the plaintiff's post‑litigation recharacterisation of the surplus as a reduction of principal was an afterthought, and the court preferred the defendant's evidence on the existence of the undisclosed upfront interest.