16 Jun 2023
CRELAN SA v. YU MAY INTERNATIONAL LTD
- Citation
- [2023] HKDC 807
- Court
- District Court
- Case number
- DCCJ5/2021
The court applied the predominant common law position that ministerial receipt ordinarily requires proof of payment over or a corresponding liability; the defendant failed to adduce sufficient, credible contemporaneous evidence to establish agency with Kincheng, payment over, or good faith; accordingly unconditional leave to defend was set aside and conditional leave granted on payment of US$255,998.06 into court; interim payment refused and security for costs of HK$180,000 upheld.