陳淑眉 對 胡玉珍

陳淑眉 對 胡玉珍

On the uncontroverted documentary and contemporaneous WhatsApp and email evidence and the defendant's absence at trial, the court found the plaintiff proved the existence of the oral loan of RMB1,000,000, the repayments received, and that RMB509,577.31 remained outstanding; the defendant was ordered to pay that...

Source-derived case information.

Citation
[2020] HKDC 594
Parties
Plaintiff: CHAN SUK MEI ALICE (陳淑眉); Defendant: WU YUK CHUN JUDY (胡玉珍)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 July 2020
Case Number
DCCJ3443/2018
Procedural Posture
Civil Debt Recovery (loan) / Trial Judgment (defendant Absent/default)
Outcome
Judgment for plaintiff
Legal Topics
Oral Agreement, Loan Advance, Repayment, Interest, Default Judgment, Costs
Source Language
ch
Contract Debt Recovery Civil Procedure Evidence Oral Agreement Loan Advance Repayment Interest +2 more

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Parties

CHAN SUK MEI ALICE (陳淑眉)

Plaintiff

WU YUK CHUN JUDY (胡玉珍)

Defendant

Procedural Posture

Civil Debt Recovery (loan) / Trial Judgment (defendant Absent/default)

  1. 1 Whether an oral loan agreement was formed in June 2011
  2. 2 Whether defendant received RMB1,000,000 as a loan and assumed purchaser's rights
  3. 3 Amount outstanding after repayments

Ratio Decidendi

On the uncontroverted documentary and contemporaneous WhatsApp and email evidence and the defendant's absence at trial, the court found the plaintiff proved the existence of the oral loan of RMB1,000,000, the repayments received, and that RMB509,577.31 remained outstanding; the defendant was ordered to pay that principal, interest from 3 August 2018 at best lending rate to judgment and judgment rate thereafter, and costs to the plaintiff.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant ordered to pay plaintiff RMB509,577.31
  • Defendant to pay interest on RMB509,577.31 from 3 August 2018 to judgment at the best lending rate and thereafter at the judgment rate until full payment