18 Jun 2024
OCEAN ALLIED FINANCE LTD v. WONG MAN LUNG AND ANOTHER
- Citation
- [2024] HKCFI 1554
- Court
- Court of First Instance
- Case number
- HCA1971/2016
On the balance of probabilities the defendants paid $782,873 to Roy Chan from the loan proceeds and the sum together with other deductions constituted "costs, charges or expenses" or "remuneration or reward" under s27(3); Ocean Allied facilitated the transaction (including issuing an uncrossed cheque for the large balance) and was therefore in collusion with Roy Chan for s27 purposes; applying s27(4) those sums are set off against the amount actually lent, the unlawful deductions exceeded the amount actually lent, and accordingly the plaintiff's claim for recovery is dismissed.