CHAN KWOK HING t/a CHIP HING MACHINE WORKS v. CHUN MING MACHINERY ENGINEERING LTD

CHAN KWOK HING t/a CHIP HING MACHINE WORKS v. CHUN MING MACHINERY ENGINEERING LTD

The court preferred the plaintiff's credible, internally consistent evidence and accepted the explanation for the absence of chops/signatures on the copies; absence of signatures on the copies did not prove non‑transaction; defendant failed to discharge burden to show non‑receipt or fabrication; accordingly the...

Source-derived case information.

Citation
[2019] HKDC 875
Parties
Director (50% Shareholder of Defendant): Chan Ming
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2019
Case Number
DCCJ3889/2017
Procedural Posture
Contract Debt Claim (unpaid Invoices) / Trial Judgment
Outcome
Judgment for plaintiff
Legal Topics
Invoices, Receipt of Goods, Witness Credibility, Burden of Proof
Source Language
en
Contract Commercial Law Evidence Civil Procedure Invoices Receipt of Goods Witness Credibility Burden of Proof

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Parties

Chan Ming

Director (50% Shareholder of Defendant)

Procedural Posture

Contract Debt Claim (unpaid Invoices) / Trial Judgment

Legal Issues

  1. 1 Whether the defendant ordered goods from the plaintiff at a total price of $105,000 under invoices 1256 and 1257
  2. 2 Whether the goods under the invoices were delivered to the defendant
  3. 3 Whether the defendant is liable to pay the purchase price of $105,000

Ratio Decidendi

The court preferred the plaintiff's credible, internally consistent evidence and accepted the explanation for the absence of chops/signatures on the copies; absence of signatures on the copies did not prove non‑transaction; defendant failed to discharge burden to show non‑receipt or fabrication; accordingly the defendant is liable to pay the $105,000 under invoices 1256 and 1257.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff $105000