15 Jan 2021
SHUN SENG HOP YICK KNITTING FACTORY LTD v. AU PIU CHOR
- Citation
- [2021] HKCFI 120
- Court
- Court of First Instance
- Case number
- HCA2929/2015
On the balance of probabilities the court accepted the evidence and contemporaneous accounting records produced by the Mother, AYP and APC, found AWC's alternative explanations improbable, held that AWC personally undertook/guaranteed repayment by issuing personal cheques in January 2011 and that the Company owed the pleaded debts to the Mother and AYP; the Company's claim against APC failed because the cheque discounting arrangement and set-off agreement, as proved, discharged the asserted liability to the Company.