Jacky Lam acted for the successful appellant plaintiff in Wang Weichen v Praise Fortune Limited [2022] HKCFI 1880, which is yet another example where the Court is willing to exercise its discretion to grant a summary judgment on the appellant plaintiff’s claim for a return of a loan principal, despite the significant factual dispute between the parties.
Although the Court generally refrains from embarking on a mini-trial of the action on paper, in this case the Court nevertheless held the view that the defendant’s factual assertions were “totally incredible”, and determined that “there is no reason why the plaintiff should be asked to wait any longer for the repayment of the outstanding principal”. However, the matter is adjourned for trial on the matter of accrued interest alone, as s 25(1) of the Money Lenders Ordinance appears to be triggered on the facts of the case and on the term of the loan agreement.
Read the judgment here.