Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Failure to call favourable witnesses / adverse inference
  • 7 Aug 2017

    GREAT RICH TRADING LTD v. EASE FAITH LTD

    Citation
    GREAT RICH TRADING LTD v. EASE FAITH LTD
    Court
    Court of First Instance
    Case number
    HCA512/2014

    The plaintiff failed to prove unjust enrichment because its case rested on untested hearsay and no contemporaneous original contracts, key witnesses with direct knowledge were not called without adequate explanation, and the only contemporaneous corporate minute contradicted the plaintiff's pleaded facts; the defendant's account was supported by contemporaneous documents and credible witnesses, therefore the claim was dismissed.

    • Total failure of consideration
    • Forgery and document authenticity
    • Failure to call favourable witnesses / adverse inference
    • Deemed admission of documents
    • Authority of company director