Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reopening transactions under s.25

Legal area

Court

17 Oct 2008

FONG SAI QUEN v. PANG MAN KIN NIXON AND OTHERS

Citation

FONG SAI QUEN v. PANG MAN KIN NIXON AND OTHERS
Court

Court of First Instance
Case number

HCA546/2007

The appeal is allowed in part: the master was wrong to refuse leave to amend; the proposed amendments narrowing the claim to the terms of the July 2006 loan agreement cure the defects in the original claim and the question whether the July agreement breaches the Ordinance, whether to invoke s.25, and guarantor liability are matters for trial; leave to amend is granted accordingly and costs are ordered as set out.
30 Jan 1984

CHUE KWOK KAY v. CHAN TAI

Citation

CHUE KWOK KAY v. CHAN TAI
Court

Court of First Instance
Case number

HCA12577/1983

Because a difficult point of law existed as to whether post-dated cheques could constitute security and whether the action on those cheques amounted to enforcement within s.25 (thereby permitting the court to reopen an extortionate transaction), summary judgment was inappropriate; the Master's order was set aside and the Defendant was granted unconditional leave to defend so the issues can be tried.