Hong Kong Case Law: Decisions & Judgments

Topic

Judgment in absence

Legal area

Court

27 Aug 2015

ACELINK LTD v. SANJU.COM LTD t/a DANNYBOY INTERNATIONAL AND ANOTHER

Citation

ACELINK LTD v. SANJU.COM LTD t/a DANNYBOY INTERNATIONAL AND ANOTHER
Court

District Court
Case number

DCCJ229/2013

On the uncontradicted evidence and documentary record the plaintiff proved a loan of US$132,528, an agreed set-off of US$39,448.20 and an outstanding balance of US$93,079.80; on construction of the 7 September 2011 letter in its context the 2nd defendant personally guaranteed the loan; judgment entered for plaintiff against both defendants, jointly and severally, for US$93,079.80 with interest and costs.
13 Nov 2009

CHIU TIN YAU LESLEY v. DICKSON NG

Citation

CHIU TIN YAU LESLEY v. DICKSON NG
Court

Court of First Instance
Case number

HCA105/2004

The court accepted the plaintiff's evidence and contemporaneous documents showing payment of HK$2,500,000 as a deposit under an oral agreement; the specified decoration project did not materialize constituting total failure of consideration; the defendant's absent and unproven account was rejected; therefore the defendant must repay HK$2,500,000 with interest and pay costs.
29 Sept 2006

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

Citation

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
Court

Court of Final Appeal
Case number

FAMV15/2006

Leave to appeal was refused because the Court of Appeal's decision to order a retrial was within its discretionary authority after identifying procedural and substantive failings at first instance, and the questions advanced were fact-specific and not of sufficient general or public importance to justify an interlocutory appeal.
3 Dec 2001

NGAI YEE CHIU v.YIP TIN LOI

Citation

NGAI YEE CHIU v.YIP TIN LOI
Court

District Court
Case number

DCCJ1704/2001

On the evidence the plaintiff did not accept delivery, the receipt and travel records established payment of a HK$190,000 deposit and the defendant's admission of HK$20,000 repayment, the defendant failed to prove delivery or entitlement to the counterclaimed balance; therefore the defendant was liable to repay HK$170,000 and the counterclaim was dismissed.

Hong Kong Case Law

ACELINK LTD v. SANJU.COM LTD t/a DANNYBOY INTERNATIONAL AND ANOTHER

CHIU TIN YAU LESLEY v. DICKSON NG

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

NGAI YEE CHIU v.YIP TIN LOI