CHEUNG KWOK HUNG v. LEE SHUN FOON

CHEUNG KWOK HUNG v. LEE SHUN FOON

On the balance of probabilities the court found the plaintiff proved the loan of HK$300,000 and that the monies were converted into casino chips gambled at Starworld Casino with the defendant's consent; the court rejected the defendant's conversion and duress claims but found the plaintiff had added a sentence to the IOU after its creation amounting to concoction of evidence warranting a reduction in costs; judgment entered for plaintiff for HK$300,000 and defendant's counterclaim dismissed.

Citation
CHEUNG KWOK HUNG v. LEE SHUN FOON
Parties
Plaintiff: Cheung; Defendant: Lee
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 May 2013
Case Number
DCCJ1933/2011
Procedural Posture
Debt/loan Claim / Judgment at Trial
Outcome
Judgment for plaintiff for HK$300,000; counterclaim dismissed.
Legal Topics
IOU, Duress, Conversion of Casino Chips, Credibility of Witnesses, Costs, Fabrication of Evidence
Source Language
EN
Contract Debt Recovery Tort Conversion Evidence Civil Procedure IOU Duress +4 more

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Parties

Cheung

Plaintiff

Lee

Defendant

Procedural Posture

Debt/loan Claim / Judgment at Trial

Legal Issues

  1. 1 Whether the plaintiff proved the HK$300,000 loan
  2. 2 Whether the IOU was signed under duress
  3. 3 Whether the defendant converted rolling chips belonging to herself

Ratio Decidendi

On the balance of probabilities the court found the plaintiff proved the loan of HK$300,000 and that the monies were converted into casino chips gambled at Starworld Casino with the defendant's consent; the court rejected the defendant's conversion and duress claims but found the plaintiff had added a sentence to the IOU after its creation amounting to concoction of evidence warranting a reduction in costs; judgment entered for plaintiff for HK$300,000 and defendant's counterclaim dismissed.

Court Disposition

Judgment for plaintiff for HK$300,000; counterclaim dismissed.

Orders

  • Judgment entered against Lee for HK$300,000 to be paid to Cheung.
  • Defendant's counterclaim for declaration and damages dismissed.