29 Jan 2024
XIE JIA YUE (also known as TSE JACQUELINE KAR YUE) v. FUNG YUK CHING AND ANOTHER
- Citation
- [2024] HKDC 163
- Court
- District Court
- Case number
- DCCJ4086/2018
On the evidence and credibility findings the court concluded the plaintiff did not have enforceable loans against the defendants: the HK$4,000 payment was voluntary; the HK$218,193 benefit was procured by Roger and a family arrangement existed with Terence/Roger so unjust enrichment claim should be pursued against Roger, not the defendants; the HK$120,000 was payment for occupation (rental) rather than a loan. There was no enforceable promise that Beverly Villas Property was a gift to plaintiff and Roger. Therefore all plaintiff claims and the 1st defendant's counterclaim (and plaintiff's cou…