Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory non-compliance
  • 15 Jun 2000

    ORIX ASIA LTD. v. GRANT FORWARD INDUSTRIAL LTD.

    Citation
    ORIX ASIA LTD. v. GRANT FORWARD INDUSTRIAL LTD.
    Court
    Court of First Instance
    Case number
    HCCL79/1999

    The court held the trade finance facility fell within Schedule 1 paragraph 11 and is exempt from the Money Lenders Ordinance, entitling the plaintiff to judgment for that facility; non-compliance with s20(1) gives guarantors an arguable defense under s20(4) so unconditional leave to defend was granted to the guarantors; the borrower (1st defendant) was ordered to make an immediate interim payment because the court was satisfied plaintiff would likely recover at least the principal.