Hong Kong Case Law: Decisions & Judgments

Topic

Loan agreement enforcement

Legal area

Court

13 Feb 2026

MAXCOLM FINANCE LTD 對 YAU SHUI FAN及另一人

Citation

[2026] HKDC 165
Court

District Court
Case number

DCMP2816/2025

Plaintiff was entitled to judgment, possession and sale because the first defendant defaulted under the loan agreement, the mortgage expressly conferred rights to enter and take possession upon default, procedural and evidential requirements under Orders 83A and 88 were satisfied, and sale under the Partition Ordinance was fair and practicable since physical division was not feasible and neither defendant proved undue hardship to prevent sale.
5 Jan 2026

AXHT COMPANY LTD v. 李克凡

Citation

[2026] HKCFI 34
Court

Court of First Instance
Case number

HCMP1258/2024

On the evidence the Plaintiff advanced the loans under the Loan Agreements; the Defendants failed to discharge the burden to prove novation to Andrew Wong because there was no evidence of creditor consent or contemporaneous documentation, Andrew executed a Guarantee inconsistent with his being the borrower, unaffirmed affirmations are inadmissible and in any event the novation case was inherently uncredible; judgment was therefore entered for the Plaintiff and costs awarded on an indemnity basis in accordance with the Loan Agreements.
6 Oct 2025

DELIGHT WEALTHY COMPANY LTD AND ANOTHER v. CRYSTAL GOLD INVESTMENT LTD AND OTHERS

Citation

[2025] HKCFI 4538
Court

Court of First Instance
Case number

HCA1651/2021

On the balance of probabilities the court found the alleged oral True Arrangement and the Representation were not proved; the Loan Documents were intended to create legally binding obligations and are enforceable; Crystal Gold and Eric liable to repay EUR 8,085,000 and EUR 3,350,000 with interest as ordered; the D5 Charge was dated/created in April 2021, was executed with intent to defeat creditors or at least prejudiced Delight Wealthy and is voidable and declared null and void under s.60 CPO; the defendants' counterclaim for reimbursement was dismissed; final injunction granted in terms of…
28 Jan 2025

SUN HUNG KAI CREDIT LTD 對 YEUNG HUNG及另一人

Citation

[2025] HKCFI 455
Court

Court of First Instance
Case number

HCA674/2021

Because the second defendant failed to file any witness or expert evidence and the plaintiff produced consistent contemporaneous documents, witnessed signing, and recorded verification showing the defendant understood and validly executed the loan agreements and mortgages, the court concluded on the balance of probabilities that the loans and security were enforceable; the plaintiff was therefore entitled to judgment for the calculated outstanding debt, interest and costs and the counterclaim to set aside the transactions was dismissed.
4 Dec 2023

RAINBOW MORTGAGE SERVICES LTD 對 LI MAN LAI

Citation

[2023] HKCA 1321
Court

Court of Appeal
Case number

CACV42/2023

The Court of Appeal upheld the trial judge's factual findings and dismissed the appeal on the substantive liability: the loan agreement was valid, the defendant was liable for HK$943,000 and contractual interest at 30% p.a. was enforceable; however, because the effective claim fell within Regional Court limits and no complex issues justified retention by the High Court, the trial costs are to be assessed according to the Regional Court scale and by summary (simplified) procedure as ordered by the Court of Appeal.
27 Dec 2018

K CASH LTD v. SO WANG FUNG BY SO WANG MING HIS GUARDIAN AD LITEM

Citation

[2018] HKDC 1588
Court

District Court
Case number

DCCJ5085/2014

Judge found on the balance of probabilities that the defendant was mentally incapacitated and that the plaintiff, through its handling staff, knew of the incapacity and was in collusion with intermediaries/third parties to deceive the defendant into obtaining the loan; therefore the Agreement was illegal and unenforceable and the plaintiff could not recover in restitution because the defendant did not retain any benefit and public policy precluded recovery; accordingly plaintiff's claims dismissed and costs ordered for defendant.
15 Aug 2017

CHAN YUK BUN v. TSOI YAN YEE LILY AND ANOTHER

Citation

CHAN YUK BUN v. TSOI YAN YEE LILY AND ANOTHER
Court

Court of First Instance
Case number

HCA1153/2014

The court accepted the plaintiff's evidence that the loans were advanced out of friendship and inherited funds and found she was not carrying on a money‑lending business; therefore the loan agreements were enforceable. The 2nd defendant, having signed as guarantor, was liable because no pleaded or credible duress/undue influence was established. Judgment was entered for the plaintiff for the stated sums with interest and costs.
13 Apr 2010

ZURICH LIFE INSURANCE COMPANY LTD v. PANG MAN YIU

Citation

ZURICH LIFE INSURANCE COMPANY LTD v. PANG MAN YIU
Court

District Court
Case number

DCCJ2465/2007

The court found the defendant had signed and understood the Loan Agreement, was an agent not an employee, failed to prove misrepresentation induced his signature, and therefore under the Loan Agreement's repayment clause (termination within 36 months) the defendant was liable to repay $140,000 to the plaintiff.