27 Aug 2002
YU TAI HING CO. LTD. v. TERESA CHEUNG
- Citation
- YU TAI HING CO. LTD. v. TERESA CHEUNG
- Court
- Court of First Instance
- Case number
- HCA5453/2001
The appeal was allowed because the defendant raised arguable and triable issues under ss 24 and 25 of the Money Lenders Ordinance (including contested calculations of effective interest and the effect of commissions) and an arguable case of undue influence with notice under Etridge; these issues involve disputed facts and the exercise of judicial discretion and therefore could not be properly resolved on Order 14 summary procedure; unconditional leave to defend was granted and summary judgment set aside.