Hong Kong Case Law: Decisions & Judgments

Topic

Money lending

Legal area

Court

17 Dec 2021

TOTALCORP (NOMINEES) LTD v. HONG KONG SAI KUNG NGONG WO RESORT DEVELOPMENT LTD

Citation

[2021] HKCA 1935
Court

Court of Appeal
Case number

CACV72/2020

Leave to appeal was refused because the proposed questions did not raise matters of great general or public importance: question (1) was premised on an assumed illegality contrary to the court's construction of a fresh loan; question (2) was fact-specific; question (3) was answered by concurrent findings and a statutory exemption making it academic; no exceptional circumstances justified leave under the 'or otherwise' limb; costs were awarded to the respondent.
24 Dec 2018

周軍英 v. 樊少皇 AND ANOTHER

Citation

[2018] HKCFI 2837
Court

Court of First Instance
Case number

HCA202/2017

The judge held that D2 raised credible, triable issues of duress supported by contemporaneous communications and surrounding circumstances; the evidence could not be resolved on affidavits and it was inappropriate to grant summary judgment under Order 14 on the dishonoured cheque; accordingly D2 was granted unconditional leave to defend.
11 Sept 2017

XIANG JUN v. CHENG CHIU TUNG GREGORY

Citation

XIANG JUN v. CHENG CHIU TUNG GREGORY
Court

Court of First Instance
Case number

HCA47/2016

Defendant failed to prove that the PRC is clearly or distinctly the more appropriate forum; the proper law being PRC law did not compel trial in the PRC because the dispute is primarily factual and Hong Kong courts are competent to determine whether payments were genuine loans; witnesses and documents were not shown to be incapable of attending or being produced in Hong Kong; accordingly stay and declaration must be refused.
14 Oct 2016

FU TAT CREDIT LTD v. LAU YUNG TAI AND ANOTHER

Citation

FU TAT CREDIT LTD v. LAU YUNG TAI AND ANOTHER
Court

Court of First Instance
Case number

HCA1759/2012

The defendants raised arguable defences of undue influence and that the Plaintiff's loans were part of a sham to cloak earlier potentially illegal loans; given the close relationship among the companies, gaps in disclosure and identified irregularities, the Master’s default judgments were set aside and leave granted to the defendants to defend so that full discovery, forensic accounting and trial testing of witnesses can determine enforceability and knowledge of illegality. The burden lies on the plaintiff to prove licensing and absence of illegalities.
2 Sept 1997

HKSAR v. CHEUNG TAK FU and Others

Citation

HKSAR v. CHEUNG TAK FU and Others
Court

Court of Appeal
Case number

CACC185/1997

The Court upheld the trial judge's admission of the cautioned statements as voluntary and properly considered; it held that the evidence (presence at the container yard, possession of the container key, attendance to collect money) supported a compelling inference that the 2nd Appellant participated in a joint plan to blackmail, and that the acquittal on false imprisonment was not inconsistent with conviction for blackmail because the offences were separate; accordingly leave to appeal was dismissed.
28 Nov 1986

COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS

Citation

COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS
Court

Court of First Instance
Case number

HCA1346/1984

The application to administer interrogatories was allowed in part because (1) the Reply raised detailed factual issues within the Intervener's knowledge and no further pleadings would narrow them, (2) interrogatories were necessary to establish the history and availability of the shares and antecedent loans relevant to whether the 2nd defendant had an asset capable of execution, and (3) the court may order interrogatories probing whether the Intervener carried on a money‑lending business including loans to non‑family persons. Answers must be given to the best of the Intervener's information,…

Hong Kong Case Law

TOTALCORP (NOMINEES) LTD v. HONG KONG SAI KUNG NGONG WO RESORT DEVELOPMENT LTD

周軍英 v. 樊少皇 AND ANOTHER

XIANG JUN v. CHENG CHIU TUNG GREGORY

FU TAT CREDIT LTD v. LAU YUNG TAI AND ANOTHER

HKSAR v. CHEUNG TAK FU and Others

COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS