DICONEX (F.E.) LTD. v. CHOU CHER SHIN

DICONEX (F.E.) LTD. v. CHOU CHER SHIN

The plaintiff established by documentary evidence and auditor's verification that the HK$429,000 credited to the defendant was payment for goods due to the plaintiff and not the defendant; the defendant failed to appear and prove any entitlement, therefore the court awarded repayment of HK$429,000 to the plaintiff with interest from 4 July 1995 and costs, and released the sums paid into court to the plaintiff.

Citation
DICONEX (F.E.) LTD. v. CHOU CHER SHIN
Parties
Plaintiff: DICONEX (F.E.) LIMITED; Defendant: CHOU CHER SHIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 1996
Case Number
HCA6474/1995
Procedural Posture
Civil Debt/recovery Arising From Employment/accounts / Hearing and Judgment at Trial
Outcome
Judgment for Plaintiff for HK$429,000 with interest from 4 July 1995 until payment; counter-claim dismissed; costs to Plaintiff; amount paid into court released to Plaintiff.
Legal Topics
Misapplied Funds, Credit Entry Error, Accounting Records, Interest on Judgment, Costs
Source Language
EN
Contract Employment Restitution/unjust Enrichment Debt Recovery Misapplied Funds Credit Entry Error Accounting Records Interest on Judgment +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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

DICONEX (F.E.) LIMITED

Plaintiff

CHOU CHER SHIN

Defendant

Procedural Posture

Civil Debt/recovery Arising From Employment/accounts / Hearing and Judgment at Trial

Legal Issues

  1. 1 Whether the HK$429,000 credited to the defendant belonged to the defendant or to the plaintiff
  2. 2 Whether the plaintiff is entitled to repayment with interest and costs
  3. 3 Whether the defendant's counter-claim should succeed in the absence of the defendant or evidence

Ratio Decidendi

The plaintiff established by documentary evidence and auditor's verification that the HK$429,000 credited to the defendant was payment for goods due to the plaintiff and not the defendant; the defendant failed to appear and prove any entitlement, therefore the court awarded repayment of HK$429,000 to the plaintiff with interest from 4 July 1995 and costs, and released the sums paid into court to the plaintiff.

Court Disposition

Judgment for Plaintiff for HK$429,000 with interest from 4 July 1995 until payment; counter-claim dismissed; costs to Plaintiff; amount paid into court released to Plaintiff.

Orders

  • Judgment for the Plaintiff for HK$429,000
  • Interest on the judgment from 4 July 1995 until payment at the applicable judgment rate