27 Sept 2019
ALICE ZHANG (alias CHEN XINGPENG) v. SUN XUFENG AND OTHERS
- Citation
- [2019] HKCFI 2415
- Court
- Court of First Instance
- Case number
- HCA881/2018
The defendant failed to discharge the evidential burden to show a bona fide defence raising triable issues; the characterization of the transaction as an investment rather than a loan does not constitute a standalone defence to the plaintiff's claim under the deed; accordingly summary judgment is appropriate and the contractual remedies (assignment at 60% or repayment of double principal) are enforceable under the governing PRC law.