GEE YAU WING TERRY v. NG KWOK WAH VINCENT

GEE YAU WING TERRY v. NG KWOK WAH VINCENT

On credibility findings the court accepted the plaintiff and witnesses and rejected the defendant; the evidence established the HK$300,000 was lent to the defendant personally and Pearldek Ltd. was used by the defendant for personal benefit; the cause of action accrued on 30 December 2000 and the action commenced within six years; therefore the defendant is personally liable for the principal and accrued interest.

Citation
GEE YAU WING TERRY v. NG KWOK WAH VINCENT
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 September 2009
Case Number
DCCJ6362/2006
Procedural Posture
Civil Debt (loan) / Judgment Delivered
Outcome
Judgment for the Plaintiff
Legal Topics
Loan, Debt Recovery, Limitation Period, Corporate Veil/alter Ego, Interest on Debt, Credibility of Witnesses
Source Language
EN
Contract Civil Procedure Company Law Limitation Law Loan Debt Recovery Limitation Period Corporate Veil/alter Ego +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Procedural Posture

Civil Debt (loan) / Judgment Delivered

Legal Issues

  1. 1 Whether the loan of HK$300,000 was made to the Defendant personally or to Pearldek Ltd.
  2. 2 Whether the plaintiff's claim was time-barred by the limitation period
  3. 3 Whether Pearldek Ltd. was used as the Defendant's alter ego to avoid liability

Ratio Decidendi

On credibility findings the court accepted the plaintiff and witnesses and rejected the defendant; the evidence established the HK$300,000 was lent to the defendant personally and Pearldek Ltd. was used by the defendant for personal benefit; the cause of action accrued on 30 December 2000 and the action commenced within six years; therefore the defendant is personally liable for the principal and accrued interest.

Court Disposition

Judgment for the Plaintiff

Orders

  • Judgment for plaintiff for HK$300,000.00 (principal)
  • Interest on HK$300,000.00 at 20% per annum from 22 December 1998 to 29 December 2006 amounting to HK$181,315.00 (total to date of writ HK$481,315.00)