14 Nov 2008
THE NEW CHINA HONG KONG FINANCE LTD (In Liquidation) v. KWOK YING CHUEN MARTIN
- Citation
- THE NEW CHINA HONG KONG FINANCE LTD (In Liquidation) v. KWOK YING CHUEN MARTIN
- Court
- Court of First Instance
- Case number
- HCA565/2005
The court held that defendants failed to prove non est factum or set off and that the omission of an interest rate in the written agreements did not cause prejudice because the sophisticated defendants received detailed monthly statements showing transactions and actual interest charged; accordingly the court exercised its discretion under s18(3) to enforce the loan agreements and entered judgment for the plaintiff for the claimed sums with interest and costs.