Hong Kong Case Law: Decisions & Judgments

Topic

Unconscionable contract

Legal area

Court

24 Jun 2024

朱江峰對威懋亞太有限公司（trading as INFINITY INTERNATIONAL）

Citation

[2024] HKDC 1134
Court

District Court
Case number

DCCJ2537/2023

The statement of claim established on its face that the three contracts were entered into in circumstances rendering them void under Unconscionable Contracts Ordinance s5(1); the documents were validly served; no defence or proposed defence was filed; accordingly the court exercised its discretion under Order 19 r7 to enter judgment for the plaintiff declaring the contracts void and ordering repayment of HKD128,100 and costs to be assessed.
25 Nov 2022

K CASH LTD 對 WONG KIN MAN SIMON also known as WONG KIN MAN

Citation

[2022] HKDC 1329
Court

District Court
Case number

DCCJ1649/2021

The application for extension of time was refused because the defendant failed to provide a reasonable explanation for the delay and the proposed appeal had no real prospect of success; consequently the original summary judgment and orders remain enforceable and costs were awarded to the plaintiff.
23 Jun 2020

NANYANG COMMERCIAL BANK, LTD v. LIN ZHUO YAN

Citation

[2020] HKCFI 1250
Court

Court of First Instance
Case number

HCA2132/2018

Service by registered post to the defendant's last known address was valid and the presumption of service under Order 10 r1(3) was not rebutted; the Default Judgment was therefore regular; the defendant failed to prove a meritorious defence (including unconscionability) and offered no satisfactory explanation for delay; the master's dismissal was upheld and the appeal dismissed with costs.
22 Sept 2015

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER

Citation

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1042/2015

The Statement of Claim was struck out because it was rambling, disordered, incoherent, inadequately pleaded as to serious allegations, and amounted to an abuse of the court's process; the plaintiff's request to particularise did not cure the fundamental defects and therefore the action and Statement of Claim were dismissed.
9 Jan 2006

CITIBANK (HONG KONG) LTD v. AU WAI LUN

Citation

CITIBANK (HONG KONG) LTD v. AU WAI LUN
Court

District Court
Case number

DCCJ1816/2003

Defendant failed to demonstrate a real or bona fide defence or any disputed issue requiring trial; the application form and subsequent use incorporated the MasterCard Agreement and amendments; alleged new contract (2003) and unconscionability were unsupported; Unconscionable Contracts Ordinance did not apply as the contract was made in 1993; summary judgment entered for plaintiff for the claimed indebtedness and costs to be taxed on a common fund basis.
31 May 2001

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

Citation

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER
Court

Court of Appeal
Case number

CACV217/2000

The Court upheld the trial judge's finding that the sale was an unconscionable bargain obtained by reprehensible conduct and that rescission (with reimbursement and interest and consequential orders) was the appropriate equitable remedy; the appeal was dismissed and the subsequent sale did not render the relief inappropriate, the developer may seek relief under Cap.545 if necessary.

Hong Kong Case Law

朱江峰 對 威懋亞太有限公司（trading as INFINITY INTERNATIONAL）

K CASH LTD 對 WONG KIN MAN SIMON also known as WONG KIN MAN

NANYANG COMMERCIAL BANK, LTD v. LIN ZHUO YAN

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER

CITIBANK (HONG KONG) LTD v. AU WAI LUN

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

朱江峰對威懋亞太有限公司（trading as INFINITY INTERNATIONAL）