LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER

The trial judge's factual findings that the loans were personal to the appellants or, alternatively, that the appellants held themselves out as partners of the factory were supported by evidence (course of dealing, family connection, availability of blank factory cheques, ownership and saleability of premises) and...

Source-derived case information.

Citation
LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER
Parties
Respondent/plaintiff: Leung Shiu Chong Tommy; Appellant/defendant: Wu Kam Sing; Appellant/defendant: Woo Kam Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 1997
Case Number
HCCA22/1997
Procedural Posture
Civil Appeal (debt/partnership) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; judgment for respondent affirmed
Legal Topics
Partnership by Holding Out, Estoppel, Loans, Negotiable Instruments (cheques), Debt Recovery
Source Language
en
Partnership Law Contract Law Equity Commercial Law Partnership by Holding Out Estoppel Loans Negotiable Instruments (cheques) +1 more

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Summary, issues, holding and outcome

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Parties

Leung Shiu Chong Tommy

Respondent/plaintiff

Wu Kam Sing

Appellant/defendant

Woo Kam Kin

Appellant/defendant

Procedural Posture

Civil Appeal (debt/partnership) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether loans were made to the appellants personally or to the factory
  2. 2 Whether the appellants represented or were held out as partners of the factory so as to attract liability under section 16 of the Partnership Ordinance (holding out/estoppel)
  3. 3 Whether the trial judge's factual findings were supported by evidence and therefore open to appellate interference

Ratio Decidendi

The trial judge's factual findings that the loans were personal to the appellants or, alternatively, that the appellants held themselves out as partners of the factory were supported by evidence (course of dealing, family connection, availability of blank factory cheques, ownership and saleability of premises) and therefore the appellate court will not overturn the judgment; accordingly the judgment for the respondent for the balance of $313,400 was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; judgment for respondent affirmed

Orders

  • Appeal dismissed
  • Judgment entered against the appellants in favour of the respondent for 313400.00 HKD