CHINA SOURCES ENGINEERING CO., LTD. v. K & E (H.K.) GROUP (a firm) AND OTHERS

CHINA SOURCES ENGINEERING CO., LTD. v. K & E (H.K.) GROUP (a firm) AND OTHERS

On the unchallenged evidence the plaintiff proved the existence and breach of the loan agreement and the dishonour of the cheque on the balance of probabilities; accordingly the plaintiff is entitled to judgment for the principal sum and contractual interest, the 2nd defendant's counterclaim is dismissed for lack of evidence, and costs are ordered on a party and party basis.

Citation
CHINA SOURCES ENGINEERING CO., LTD. v. K & E (H.K.) GROUP (a firm) AND OTHERS
Parties
Plaintiff: CHINA SOURCES ENGINEERING CO., LTD.; 1st Defendant (a Firm): K & E (H.K.) GROUP; 2nd Defendant (a Partner): CHOW KAM HING; 3rd Defendant (a Partner): NG KAM SHING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 2002
Case Number
DCCJ16770/2001
Procedural Posture
Civil Action (debt/loan) / Judgment (trial)
Outcome
Judgment for plaintiff against the 1st and 2nd defendants for $340,000 with contractual interest; 2nd defendant's counterclaim dismissed; costs awarded to plaintiff on party and party basis.
Legal Topics
Loan Agreement, Dishonoured Cheque, Contractual Interest, Counterclaim Dismissed, Costs Taxation
Source Language
EN
Contract Debt Recovery Partnership Law Civil Procedure Loan Agreement Dishonoured Cheque Contractual Interest Counterclaim Dismissed +1 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 5 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CHINA SOURCES ENGINEERING CO., LTD.

Plaintiff

K & E (H.K.) GROUP

1st Defendant (a Firm)

CHOW KAM HING

2nd Defendant (a Partner)

NG KAM SHING

3rd Defendant (a Partner)

Procedural Posture

Civil Action (debt/loan) / Judgment (trial)

Legal Issues

  1. 1 Whether a binding loan agreement existed between the plaintiff and the 1st defendant
  2. 2 Whether the 1st and 2nd defendants are liable for the $340,000 loan
  3. 3 Whether contractual interest at 3% per month is payable from date of accrual

Ratio Decidendi

On the unchallenged evidence the plaintiff proved the existence and breach of the loan agreement and the dishonour of the cheque on the balance of probabilities; accordingly the plaintiff is entitled to judgment for the principal sum and contractual interest, the 2nd defendant's counterclaim is dismissed for lack of evidence, and costs are ordered on a party and party basis.

Court Disposition

Judgment for plaintiff against the 1st and 2nd defendants for $340,000 with contractual interest; 2nd defendant's counterclaim dismissed; costs awarded to plaintiff on party and party basis.

Orders

  • Judgment against the 1st and 2nd defendants in favour of the plaintiff for the sum of $340,000, together with interest thereon at the rate of 3% per month from 19 January 1999 to the date hereof
  • The counterclaim by the 2nd defendant against the plaintiff be dismissed