Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reopening transaction under s25

Legal area

Court

7 Nov 2025

LAM YEE HUNG v. CHINACHEM CHARITABLE FOUNDATION LTD

Citation

[2025] HKCA 949
Court

Court of Appeal
Case number

CACV124/2023

The Court of Appeal held that (1) the Judge's specific finding that the contractual rate was 48% p.a. was unsustainable, (2) the Judge had made a factual finding that the parties agreed interest would be the maximum rate permitted by law and that maximum is objectively 60% p.a., (3) the contractual effect of an agreement to charge the maximum permissible interest is that the rate is 60% p.a., and (4) because a 60% contractual rate triggers the s25(3) presumption of extortionate transaction, the issues of rebuttal of that presumption, reopening under s25(1), appropriate orders and any unjust e…
29 Dec 2023

FIELD FINANCE LTD v. CHEUNG MO CHING

Citation

[2023] HKCFI 3311
Court

Court of First Instance
Case number

HCA2818/2018

The judge accepted the plaintiff's witnesses as credible and rejected the defendant's inconsistent evidence; there was no proven collusion or agency between the plaintiff and C Management/Sean Chan; the court found HK$1,880,000 was advanced to the defendant, which is outstanding, and ordered judgment for HK$1,880,000 with contractual interest at 24% per annum from 17 May 2018 until payment; the defendant was not entitled to set-off under s27(4) and the loan was not reopened under s25.