HI-WATT INTERNATIONAL ENTERPRISES LTD v. MULTI-LUCK DEVELOPMENT LTD AND ANOTHER

HI-WATT INTERNATIONAL ENTERPRISES LTD v. MULTI-LUCK DEVELOPMENT LTD AND ANOTHER

The April 1996 document amounted to a real account stated; the defence evidence and allegation of misrepresentation were rejected as inherently incredible or fabricated, the contemporaneous documents supported the accounts, and therefore judgment was entered for the plaintiff for the indebtedness shown with interest...

Source-derived case information.

Citation
HI-WATT INTERNATIONAL ENTERPRISES LTD v. MULTI-LUCK DEVELOPMENT LTD AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2006
Case Number
HCA4305/2001
Procedural Posture
Account Stated / Debt Claim / Judgment After Trial
Outcome
Judgment entered for the plaintiff against the 1st defendant for the indebtedness shown in the April 1996 accounts with interest and costs
Legal Topics
Account Stated, Real Account Stated, Misrepresentation, Witness Credibility, Costs and Interest
Source Language
en
Contract Commercial Law Civil Procedure Evidence Account Stated Real Account Stated Misrepresentation Witness Credibility +1 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Account Stated / Debt Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the April 1996 document constituted a real account stated
  2. 2 Whether the defendant was induced by misrepresentation to sign the April 1996 accounts
  3. 3 Assessment of credibility of plaintiff and defendant witnesses

Ratio Decidendi

The April 1996 document amounted to a real account stated; the defence evidence and allegation of misrepresentation were rejected as inherently incredible or fabricated, the contemporaneous documents supported the accounts, and therefore judgment was entered for the plaintiff for the indebtedness shown with interest and costs.

Court Disposition

Judgment entered for the plaintiff against the 1st defendant for the indebtedness shown in the April 1996 accounts with interest and costs

Orders

  • Judgment for plaintiff against 1st defendant for approximately HK$1,250,000 with interest
  • Costs to be paid by the defendant to the plaintiff to be taxed if not agreed