YIP KU v. YIP HON WING AND ANOTHER

YIP KU v. YIP HON WING AND ANOTHER

The court accepted the plaintiff's credible account that an oral agreement existed between the plaintiff and the 1st defendant for HK$5,000,000 and that the 1st defendant is liable for the outstanding HK$1,000,000; the 2nd defendant was not a guarantor because he derived no consideration and signed only as a...

Source-derived case information.

Citation
YIP KU v. YIP HON WING AND ANOTHER
Parties
Plaintiff: Mr Yip (plaintiff); 1st Defendant: Mr Yip junior (1st defendant); 2nd Defendant: Mr Fung (2nd defendant)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 February 2009
Case Number
DCCJ4857/2005
Procedural Posture
Civil Contract (claim for Payment Under Oral Agreement) / Judgment at Trial (district Court)
Outcome
Judgment entered for plaintiff against 1st defendant for HK$1,000,000; claim against 2nd defendant dismissed.
Legal Topics
Oral Agreement, Guarantee, Consideration, Witness Signature, Credibility of Parties
Source Language
en
Contract Suretyship Limitation Family Law Oral Agreement Guarantee Consideration Witness Signature +1 more

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Parties

Mr Yip (plaintiff)

Plaintiff

Mr Yip junior (1st defendant)

1st Defendant

Mr Fung (2nd defendant)

2nd Defendant

Procedural Posture

Civil Contract (claim for Payment Under Oral Agreement) / Judgment at Trial (district Court)

Legal Issues

  1. 1 Whether there was an agreement that the 1st defendant would pay the plaintiff to abandon and waive claims in matrimonial and related trust/company proceedings
  2. 2 Whether the 2nd defendant was a guarantor liable under that agreement

Ratio Decidendi

The court accepted the plaintiff's credible account that an oral agreement existed between the plaintiff and the 1st defendant for HK$5,000,000 and that the 1st defendant is liable for the outstanding HK$1,000,000; the 2nd defendant was not a guarantor because he derived no consideration and signed only as a witness, so no suretyship was created.

Court Disposition

Judgment entered for plaintiff against 1st defendant for HK$1,000,000; claim against 2nd defendant dismissed.

Orders

  • Judgment for plaintiff against 1st defendant in the sum of HK$1,000,000
  • Claim against 2nd defendant dismissed