Hong Kong Case Law: Decisions & Judgments

Topic

Illegal contracts

Legal area

Court

12 Nov 2021

EVER-LONG CAPITAL LTD v. FIRST STAR ENTERTAINMENT GROUP LTD AND OTHERS

Citation

[2021] HKCFI 3344
Court

Court of First Instance
Case number

HCA929/2020

On a plain contextual construction Clauses 6.2 and 6.3 prescribe default interest at the defined Interest Rate of 27% and Schedule VI’s 36% is an inconsistent typographical entry; therefore the Loan Agreement does not contravene s.22(1)(c) MLO. The Facility Agreements were framework sale mechanisms and on their face did not create enforceable loan obligations incorporating a separate late payment charge; the loan facility was calculated without any late payment charge, so there is no arguable common law illegality. The defendants raised no triable issues; summary judgment must stand and the a…
31 Dec 2004

CHOW TAI FOOK JEWELLERY CO LTD v. WONG SHUN AND ANOTHER

Citation

CHOW TAI FOOK JEWELLERY CO LTD v. WONG SHUN AND ANOTHER
Court

Court of First Instance
Case number

HCA22168/1998

Where the underlying loan is exempted under Schedule 1 Part 2, ss.18 and 20 of the Money Lenders Ordinance do not apply to the guarantee; the guarantor's obligation cannot be rendered unenforceable independently of the borrower's position and the Guarantee is enforceable.
5 Dec 2001

APOLLO SHINE INTERNATIONAL LTD v. LUK CHIU

Citation

APOLLO SHINE INTERNATIONAL LTD v. LUK CHIU
Court

District Court
Case number

DCCJ18026/2001

The defendant's own pleaded case that the Operating Licence and the transfer agreement were illegal meant the court would not assist in recovering monies paid under those illegal arrangements; accordingly the defendant's application for judgment on admission was dismissed.
22 May 2001

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER

Citation

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV20/2001

The Deed is unlawful and unenforceable because its performance necessarily requires applicants to make false declarations and to misrepresent beneficial ownership to the Government in order to obtain Small House grants; those facts render the Deed illegal and contrary to public policy and justify a final declaration and injunctive relief in favour of the plaintiffs.
20 Jun 1984

CHAN TING LAI also known as PETER CHAN TING LAI v. SAME FAIR CO. LTD.

Citation

CHAN TING LAI also known as PETER CHAN TING LAI v. SAME FAIR CO. LTD.
Court

District Court
Case number

DCCJ5210/1984

Sections 26(2) and 28 of Cap.250 were enacted to protect persons who resort to dealers and their representatives; the defendant's contravention rendered the brokerage contract illegal, but the plaintiff, being within the protected class and not equally culpable, was entitled to recover the $50,000 as money had and received together with interest and costs.

Hong Kong Case Law

EVER-LONG CAPITAL LTD v. FIRST STAR ENTERTAINMENT GROUP LTD AND OTHERS

CHOW TAI FOOK JEWELLERY CO LTD v. WONG SHUN AND ANOTHER

APOLLO SHINE INTERNATIONAL LTD v. LUK CHIU

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER

CHAN TING LAI also known as PETER CHAN TING LAI v. SAME FAIR CO. LTD.