Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pleadings and burden of proof

Legal area

Court

8 Dec 2023

CHEN SIMON GUOMIN v. CHAN CHOI HAR IVY AND OTHERS

Citation

[2023] HKCFI 3135
Court

Court of First Instance
Case number

HCA1454/2018

Defendants failed to plead and prove that the plaintiff was a money lender at the material times; accordingly the MLO provisions relied upon do not apply. Alternatively, even if the plaintiff were an unlicensed money lender, the court exercises its statutory discretion under MLO s.23 (and s.22(2) if required) to enforce the Loan Agreement and the Guarantees. Clauses 4.1/4.2 do not in any event prohibit repayment by instalments. The stated interest (excluding the 10% loan fee which plaintiff disclaims) is 36% p.a. to 30 April 2015 and is not contrary to ss.24/25, so judgment is entered for pla…
25 Feb 2005

O.K. FASHION KNITTERS LTD v. LANTEX HOLDING LTD

Citation

O.K. FASHION KNITTERS LTD v. LANTEX HOLDING LTD
Court

District Court
Case number

DCCJ4398/2002

On balance of probabilities the court found Plaintiff delivered the goods to the assigned warehouse on 29 March 2002, rejected Defendant's evidence of later delivery and of defects, held Defendant failed to prove entitlement to the asserted late‑shipment deductions or counterclaim, deemed Defendant to have accepted the goods in law where appropriate, allowed Plaintiff's claim for outstanding payments and expenses, dismissed Defendant's counterclaim, and awarded judgment to Plaintiff totalling HK$325,854.19 plus interest and costs.