Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Oral representation defence
  • 3 Sept 2024

    KING VICTORY INVESTMENT LTD v. CHAN HON WING AND ANOTHER

    Citation
    [2024] HKCA 849
    Court
    Court of Appeal
    Case number
    CACV302/2023

    The renewed application for a stay was dismissed because, on a preliminary assessment, the Defendants failed to demonstrate a reasonably arguable appeal (let alone a strong likelihood of success). The alleged oral representation was found not credible and contradicted by the clear terms of the loan and supplemental agreements and the Defendants' conduct (including acceptance of increased interest). The Defendants also failed to show appreciable risk of irremediable prejudice as the Plaintiff swore to having cash and net assets, and the Defendants could have secured their position by paying th…