Hong Kong Case Law: Decisions & Judgments

Topic

Payment to third party

Legal area

Court

24 Jul 2024

CHAPMAN INTERNATIONAL MACAO COMMERCIAL OFFSHORE LTD v. HEALTH LIFE TEXTILE (HK) COMPANY LTD

Citation

[2024] HKDC 1181
Court

District Court
Case number

DCCJ5847/2020

On the balance of probabilities defendant failed to prove an agreement or request by plaintiff that payments be made to MHD; contemporaneous invoices and monthly statements issued by plaintiff and the absence of signed confirmations contradicted the alleged arrangement; defendant's witness evidence was inconsistent and unpersuasive and key actors were not called; payments to MHD therefore did not discharge the 15 HKD invoices and judgment is entered for plaintiff for HK$1,001,149.97 with interest and costs.
23 Jun 2017

VOAHANGINIAINA AIMEE CHANTAL v. LEUNG MAN KAI

Citation

VOAHANGINIAINA AIMEE CHANTAL v. LEUNG MAN KAI
Court

Court of First Instance
Case number

HCLA27/2016

The Court dismissed the appeal because the unpaid sum of HK$24,640 constituted an unlawful deduction under section 32 of the Employment Ordinance: the defendant failed to establish that any statutory exception or valid written consent/agency existed to authorize the deduction or that the common law principle of payment to a third party displaced the statutory, exhaustive regime; the Tribunal's factual findings on credibility and documentary inconsistencies were upheld and any failure to investigate documentary material was immaterial to the statutory conclusion that the deduction was unlawful.
28 Jul 1999

GENERALE BELGIAN BANK v. ANKOR GROUP LTD. and CHEUNG CHU YUEN, MICHAEL t/a YUEN HING DECORATION CO. (Third Party)

Citation

GENERALE BELGIAN BANK v. ANKOR GROUP LTD. and CHEUNG CHU YUEN, MICHAEL t/a YUEN HING DECORATION CO. (Third Party)
Court

Court of First Instance
Case number

HCA5312/1999

Because notice of assignment was given before the defendant's payment and the defendant did not raise the asserted reduction until after notice, the plaintiff was entitled to judgment for the reduced debt (HK$458,229.15); the defendant was granted unconditional leave to defend the plaintiff's claim for the balance. The defendant must pay the plaintiff's costs of the application.

Hong Kong Case Law

CHAPMAN INTERNATIONAL MACAO COMMERCIAL OFFSHORE LTD v. HEALTH LIFE TEXTILE (HK) COMPANY LTD

VOAHANGINIAINA AIMEE CHANTAL v. LEUNG MAN KAI

GENERALE BELGIAN BANK v. ANKOR GROUP LTD. and CHEUNG CHU YUEN, MICHAEL t/a YUEN HING DECORATION CO. (Third Party)