Hong Kong Case Law: Decisions & Judgments

Topic

Interest charges

Legal area

Court

22 Feb 2021

TANG KAI MING KENNETH AND OTHERS v. LAU MAN SANG JAMES

Citation

[2021] HKCFI 415
Court

Court of First Instance
Case number

HCA1228/2013

The court accepted the plaintiffs' witnesses as credible, held that the written Settlement Agreement represented the final agreed accounts and payment schedule, rejected the defendant's claims of enforceable collateral oral agreements, misrepresentation, rectification and duress, and found Kency Brothers entitled to enforce contractual interest; accordingly judgment was entered for the plaintiffs and Kency Brothers for the specified sums with interest and costs to the plaintiffs.
22 Oct 2020

HONOUR STATE LTD v. GORGEOUS TEXTILLE CO LTD

Citation

[2020] HKCFI 2642
Court

Court of First Instance
Case number

HCA816/2013

The court found on the balance of probabilities that many disputed debit notes lacked adequate documentary support or proper quantification and/or were not issued for consideration and thus could not be deducted; certain debit notes for advances and transport/inspection costs were upheld; the plaintiff's December 2012 spreadsheets were preparatory and not binding so estoppel failed; accordingly plaintiff entitled to recover HK$2,005,663.66 plus interest and costs.
18 Oct 2019

CHONG TAO BOON VINCENT v. WONG RAYMOND FOOK LAM

Citation

[2019] HKCFI 2556
Court

Court of First Instance
Case number

HCA2161/2015

On the balance of probabilities the defendant discharged the evidential burden that he made the six disputed cash payments corroborated by secretary and driver records and bank withdrawals; the small interest items were accepted or too late to challenge; the defendant admitted and the evidence supported that he holds 50% beneficial interest in the Property as nominee trustee; accordingly plaintiff's claim for an account and inquiry of the full HK$2,430,595 is dismissed except for specified disputed Property items (Scott Schedule items 42–48) for which the defendant must tender verified accoun…
7 Nov 2007

CITIBANK (HONG KONG) LTD v. CHAN CHI TAK

Citation

CITIBANK (HONG KONG) LTD v. CHAN CHI TAK
Court

District Court
Case number

DCCJ1262/2007

Assignment was effective under clause 11.1 and the transfer agreement so Citibank HK had locus; the Money Lenders Ordinance does not apply to authorised banking institutions so the usury argument fails; the notice of default rates applies the 34% rate to the defendant's circumstances irrespective of card label; clause 4.3(d) authorises the bank's finance charge methodology; there is a tenuous triable issue only on whether amendment notices were actually received, but it is shadowy and insufficient to defeat summary disposal fully; conditional leave to defend was granted subject to payment int…
11 Apr 2007

HANG SENG BANK LTD v. SWEETHEART DESSERT LTD AND OTHERS

Citation

HANG SENG BANK LTD v. SWEETHEART DESSERT LTD AND OTHERS
Court

District Court
Case number

DCCJ4270/2006

There were no triable issues: the credit card terms and facility letter were binding; the 2nd and 3rd defendants validly executed a joint and several unlimited deed of guarantee for all sums repayable on demand; accordingly summary judgment was granted for the Plaintiff for the sums claimed and costs.
15 Feb 2007

POLAR FURS LTD AND ANOTHER v. INTERNATIONAL FUR CO LTD AND OTHERS

Citation

POLAR FURS LTD AND ANOTHER v. INTERNATIONAL FUR CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2042/2005

Appeal dismissed because the 2nd Defendant failed to discharge the burden under O.14 of demonstrating a real and bona fide triable issue: the Plaintiffs had established a prima facie case by verified pleadings and contemporaneous correspondence showing acknowledgment of substantial indebtedness; the defendant's post‑commencement recalculations and assertions of miscalculation or set‑offs were unsubstantiated, not contemporaneous, and insufficiently credible to warrant rescission of summary judgment.
17 Mar 2006

NG WING SHING v. SECRETARY FOR JUSTICE

Citation

NG WING SHING v. SECRETARY FOR JUSTICE
Court

District Court
Case number

DCCJ4599/2004

The court held there was no express or implied contractual obligation for the Government to continue deductions during the 39-month suspension and no tortious duty of care to do so; the loan terms permitted but did not compel deductions and allowed charging of interest; accordingly the plaintiff's claims failed and the defendant was entitled to costs.
28 Nov 2000

WINTERTHUR LIFE INSURANCE CO. v. AU OI FONG SUSANA

Citation

WINTERTHUR LIFE INSURANCE CO. v. AU OI FONG SUSANA
Court

Court of First Instance
Case number

HCB1178/1999

The statutory demand was not rendered defective by the modest overstatement; the debtor failed to demonstrate a valid defence to liability (no misrepresentation, duress or undue influence established, and advances were contractual not wages), the principal debt of $50,930.31 stood, there was no entitlement to further judgment interest after termination, and failure to comply with the statutory demand constituted inability to pay under s6A(1)(a), therefore a bankruptcy order was justified.