24 Oct 2023
CHAK HOI FINANCE LTD v. HO YUK CHING
- Citation
- [2023] HKDC 1491
- Court
- District Court
- Case number
- DCCJ3128/2021
The judge found the defendant presented a believable real defence of undue influence by a third party supported by evidence and ongoing related proceedings; triable issues existed as to whether the plaintiffs were put on inquiry and whether the loans were procured by undue influence, so summary judgment was inappropriate; the master’s refusal of summary judgment was affirmed (with modification that the summons be dismissed) and the plaintiffs' appeals were dismissed with costs orders nisi in favour of the defendant.