DVC member Brian Fan gave insight into the effects of the HK Court of Appeal’s decision(s) in the “Guy Lam” chronicles this morning at a breakfast roundtable organized by Roubrick.
The participants discussed the likely implications of and issues arising from the Court of Final Appeal’s landmark judgment in Re ??? ???? ???? ??? (2023) HKCFAR 9, and following ??? ???, the twin decisions of the Court of Appeal in ?? ?????????? & ????? ????????? (??) ?? ??? [2024] HKCA 299 and ??????????? ??? 2 ??????? ? ???????? ???????? ????? ???????? ??????? [2024] HKCA 352.
Speakers analysed the origins of the dispute, the difficult legal questions to be resolved, and whether loan agreements in general are too “covenant light”. It has become vitally important to understand the loan terms today, and lenders are heavily weighed down by them. There was a lively discussion as the table explored the issues and implications, including clarity and the concept of frivolity.
