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Hong Kong decisions
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The court found the defendant not credible but concluded the plaintiff nevertheless failed to prove on the balance of probabilities that the six disputed cash loans were made on the pleaded dates due to lack of corroborating evidence; the defendant had admitted owing HK$143,600 which the court ordered to be paid together with costs.
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The court made a bankruptcy order against Sit Wai after a registered Mainland judgment debt remained unpaid and his proposed instalment arrangement was found too vague.
The District Court held that repeated payments from the plaintiff to his former partner were voluntary gifts, not loans, and dismissed the claim.
The court continued the amended freezing injunction because the plaintiff established a serious triable issue, the respondent holds assets in jurisdiction, and there was a real and proximate risk that the respondent and intervener would dissipate assets by effecting the Family Court transfer; the applicant's disclosure was sufficient for the injunction application and the balance of convenience favoured continuation given undertakings and available compensation; the referral to the Family Court was inappropriate at this stage.
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Extension of time was refused because the defendant's alleged new evidence would not meet the Ladd v Marshall requirement that it would have an important influence on the outcome (the stock charges produced related to different loans and the antiques/paintings allegation was a bare assertion without documentary support), and the defendant failed to demonstrate reasonable inability to present the evidence earlier; consequently there was no real prospect of success on appeal and the application was dismissed with an interim costs order against the defendant.
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The High Court granted summary judgment on two personal guarantees and struck out the counterclaim, rejecting defences of misrepresentation and economic duress.
The District Court dismissed Mr. Woo’s appeal against a charging order absolute, finding he had not proved prior payment of the underlying Small Claims Tribunal award.
The District Court held that the defendant personally undertook to pay her late mother’s hospital charges, rejecting arguments of agency, mutual understanding and misrepresentation.
The Court of First Instance dismissed an appeal against summary judgment on unlimited guarantees, rejecting alleged oral misrepresentation, estoppel, and collateral agreement defences.
The Court of First Instance made a bankruptcy order against Liu Fu On after finding no bona fide dispute and no credible evidence of payment within a reasonable time.
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