Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of affirmations

  • 5 Jan 2026

    AXHT COMPANY LTD v. 王一诚

    Citation
    [2026] HKCFI 34
    Court
    Court of First Instance
    Case number
    HCMP1257/2024

    On the evidence as a whole the defendants failed to discharge the burden to clearly establish a novation: there was no documentation or credible conduct showing Plaintiff consented to any substitution, Andrew Wong executed a guarantee after asserting he would repay, defendants' unaffirmed affirmations were inadmissible and given no weight, and circumstantial matters (timing, guarantee, borrowers' confirmations) supported that Wang and Li remained borrowers; accordingly judgments were entered for the Plaintiff and indemnity costs awarded.

  • 5 Jan 2026

    AXHT COMPANY LTD v. 李克凡

    Citation
    [2026] HKCFI 34
    Court
    Court of First Instance
    Case number
    HCMP1258/2024

    On the evidence the Plaintiff advanced the loans under the Loan Agreements; the Defendants failed to discharge the burden to prove novation to Andrew Wong because there was no evidence of creditor consent or contemporaneous documentation, Andrew executed a Guarantee inconsistent with his being the borrower, unaffirmed affirmations are inadmissible and in any event the novation case was inherently uncredible; judgment was therefore entered for the Plaintiff and costs awarded on an indemnity basis in accordance with the Loan Agreements.