18 Jun 2020
DAH SING BANK, LTD v. RICH STAR INVESTMENT DEVELOPMENT LTD AND OTHERS
- Citation
- [2020] HKCFI 1251
- Court
- Court of First Instance
- Case number
- HCMP1893/2016
The court found no triable issues: the bank was entitled to appropriate payments in the absence of directions; the FXPF contracts were not shown to be void for execution abroad, duress, unfairness or excessive risk; the Early Termination Amounts were not penal under Cavendish; interest notification via the bank's website satisfied the agreement; statutory affidavit formalities did not preclude summary judgment; accordingly summary judgment entered for plaintiff for the outstanding sums, vacant possession ordered where mortgagors defaulted, and the conversion application dismissed.