17 Apr 2023
CLEVER BOY LTD AND ANOTHER v. SUM KWOK HANG AND ANOTHER
- Citation
- [2023] HKCFI 959
- Court
- Court of First Instance
- Case number
- HCA2921/2017
On the balance of probabilities the 2nd defendant did not agree to be guarantor and the plaintiffs failed to prove she was party to the alleged agreement or that the HKID signature proved consent; although plaintiffs proved a total failure of consideration in respect of HK$1,400,000, the 2nd defendant was not personally enriched because she had surrendered control of her HSBC account to her brother and received funds in a ministerial/agency capacity, so restitution against her fails; change of position defence was not made out.