CHEN PUI CHI AND ANOTHER v. CAI YIFEN AND ANOTHER

CHEN PUI CHI AND ANOTHER v. CAI YIFEN AND ANOTHER

Plaintiffs failed to prove on the balance of probabilities that a concluded agreement existed to pay 1.68% per month; exchanges constituted offers, counter‑offers or negotiations and any offer had lapsed or been rejected; court therefore exercised s48 HCO discretion to award conventional pre‑judgment interest at USD prime+1% over the same accrual periods; total pre‑judgment interest awarded USD 21,013.04 and post‑judgment interest under s49 HCO from judgment date until payment.

Citation
[2024] HKCFI 1022
Parties
1st Plaintiff: CHEN PUI CHI; 2nd Plaintiff: ZELIKHA AVIRAM; 1st Defendant: CAI YIFEN (蔡藝芬); 2nd Defendant: LI CHUNLIN (李春林); 3rd Defendant (discontinued): GOLDEN WAY HONG KONG INVESTMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 April 2024
Case Number
HCMP1096/2018
Procedural Posture
Miscellaneous Proceedings (enforcement of Tomlin Order; Recovery of Debt) / Judgment on Interest Issue
Outcome
Plaintiffs' case that parties agreed a contractual 1.68% monthly interest rate dismissed; court awarded conventional pre‑judgment interest instead and reserved no order as to costs (nisi).
Legal Topics
Tomlin Order, Pre Judgment Interest, Offer and Acceptance, Burden of Proof, High Court Ordinance S48 and S49
Source Language
EN
Contract Civil Procedure Debt Recovery Enforcement of Court Orders Tomlin Order Pre Judgment Interest Offer and Acceptance Burden of Proof +1 more

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Parties

CHEN PUI CHI

1st Plaintiff

ZELIKHA AVIRAM

2nd Plaintiff

CAI YIFEN (蔡藝芬)

1st Defendant

LI CHUNLIN (李春林)

2nd Defendant

GOLDEN WAY HONG KONG INVESTMENT LIMITED

3rd Defendant (discontinued)

Procedural Posture

Miscellaneous Proceedings (enforcement of Tomlin Order; Recovery of Debt) / Judgment on Interest Issue

Legal Issues

  1. 1 Whether parties agreed defendants would pay 1.68% per month on late repayments
  2. 2 If no contractual rate, what pre-judgment interest rate and accrual period apply

Ratio Decidendi

Plaintiffs failed to prove on the balance of probabilities that a concluded agreement existed to pay 1.68% per month; exchanges constituted offers, counter‑offers or negotiations and any offer had lapsed or been rejected; court therefore exercised s48 HCO discretion to award conventional pre‑judgment interest at USD prime+1% over the same accrual periods; total pre‑judgment interest awarded USD 21,013.04 and post‑judgment interest under s49 HCO from judgment date until payment.

Court Disposition

Plaintiffs' case that parties agreed a contractual 1.68% monthly interest rate dismissed; court awarded conventional pre‑judgment interest instead and reserved no order as to costs (nisi).

Orders

  • Defendants to pay plaintiffs pre-judgment interest of USD 21,013.04 (calculated at USD prime+1% for the relevant accrual periods).
  • Simple interest at the judgment rate under High Court Ordinance s49 to run on USD 21,013.04 from date of judgment (12 April 2024) until payment.