Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Loan deed

  • 17 Nov 2025

    RE YAU WING KEUNG

    Citation
    [2025] HKCFI 5551
    Court
    Court of First Instance
    Case number
    HCB1641/2025

    The court found the petitioner established a prima facie case under the Loan Deed and assignment; the respondent failed to adducesufficient cogent evidence to show the Loan Deed was a sham, that there was clear and unequivocal estoppel or waiver, or that delivery did not occur (thus limitation did not bar enforcement). Although there is a bona fide dispute that some payments were made on behalf of the lender, the quantum of those set-offs (after accounting for time-barred items and lacking evidence to depress the face value of the assigned loan) was insufficient to extinguish the petition deb…

  • 27 Dec 2007

    PAUL Y. MANAGEMENT LTD v. ETERNAL UNITY DEVELOPMENT LTD AND OTHERS

    Citation
    PAUL Y. MANAGEMENT LTD v. ETERNAL UNITY DEVELOPMENT LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA571/2007

    The loan deed was a standalone, enforceable written contract with a specified repayment date; oral allegations that it formed part of a wider Master or Further Agreement or that the plaintiff acted as agent for PYE were rejected as inconsistent and unsupported by contemporaneous documents; parol evidence was inadmissible to vary the written deed; the alleged set-off, set-off against damages and illegality defences lacked credible evidence and failed; accordingly there was no real triable defence and summary judgment was entered for the plaintiff.