LAM HON CHI v. CHAN SHING CHI

LAM HON CHI v. CHAN SHING CHI

The plaintiff failed to prove on the balance of probabilities that the partnership indebtedness claimed was owed by the defendant; the court preferred the defendant's evidence where it conflicted with the plaintiff's and independent documentary evidence (bank certificate and solicitors' receipt) supported the defendant's account; accordingly judgment was entered for the defendant and the plaintiff's claim dismissed.

Citation
LAM HON CHI v. CHAN SHING CHI
Parties
Plaintiff: Lam Hon Chi; Defendant: Chan Shing Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 1985
Case Number
HCA8050/1984
Procedural Posture
Partnership Claim Under Partnership Ordinance / Judgment at Trial
Outcome
Judgment for the defendant; plaintiff's claim dismissed; counterclaim dismissed.
Legal Topics
Partnership Dissolution, Liability for Partnership Losses, Credibility and Interpretation of Witness Evidence, Documentary Evidence and Third Party Records, Section 26 Partnership Ordinance
Source Language
EN
Partnership Law Evidence Civil Procedure Partnership Dissolution Liability for Partnership Losses Credibility and Interpretation of Witness Evidence Documentary Evidence and Third Party Records Section 26 Partnership Ordinance

Case Brief

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Parties

Lam Hon Chi

Plaintiff

Chan Shing Chi

Defendant

Procedural Posture

Partnership Claim Under Partnership Ordinance / Judgment at Trial

Legal Issues

  1. 1 Whether a partnership indebtedness existed such that plaintiff was entitled to one half of losses under s.26
  2. 2 Whether the alleged written partnership agreement was executed by the defendant
  3. 3 Whether the plaintiff personally met the partnership losses claimed

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that the partnership indebtedness claimed was owed by the defendant; the court preferred the defendant's evidence where it conflicted with the plaintiff's and independent documentary evidence (bank certificate and solicitors' receipt) supported the defendant's account; accordingly judgment was entered for the defendant and the plaintiff's claim dismissed.

Court Disposition

Judgment for the defendant; plaintiff's claim dismissed; counterclaim dismissed.

Orders

  • Judgment entered for defendant on plaintiff's claim
  • Counterclaim dismissed