Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Recovery of money

  • 17 Aug 2015

    EDWARD WONG & CO LTD v. KE SHEN CO LTD

    Citation
    EDWARD WONG & CO LTD v. KE SHEN CO LTD
    Court
    District Court
    Case number
    DCCJ1945/2015

    Service was properly effected, the defendant did not defend, and on the pleaded facts the court was satisfied that the defendant had wrongfully obtained US$37,024.71 by forgery and deceit; accordingly the court declared those funds to be held by the defendant on constructive trust for the plaintiff and ordered their return, interlocutory judgment for damages to be assessed, interest from 14 January 2015 and costs to the plaintiff.

  • 30 May 2011

    TSANG HON CHU FLORENCE v. TSANG HON MAN THOMAS

    Citation
    TSANG HON CHU FLORENCE v. TSANG HON MAN THOMAS
    Court
    District Court
    Case number
    DCCJ4307/2008

    The court found the arrangement was mutual assistance rather than a formal legal arrangement, accepted plaintiff's evidentiary account of mortgage repayments (HK$455,117.04) and other expenses (HK$18,474.00), accepted plaintiff's rental income figure (HK$141,730.00), credited specified payments by defendant (CAD 6,001.61 converted to HK$33,609.02 plus HK$9,600 and HK$50,000), and concluded defendant owes plaintiff a net sum of HK$238,652.02; judgment awarded with interest and each party to bear own costs (nisi).

  • 13 Dec 2006

    CHINA TREASURE CO LTD v. RICH LONG LTD

    Citation
    CHINA TREASURE CO LTD v. RICH LONG LTD
    Court
    Court of Appeal
    Case number
    CACV279/2006

    The defendant failed to justify the removal of $600,000 from the plaintiff's account; the recorder's conclusion that the transfer was for the plaintiff's benefit was unsustainable because bank transfer documentation did not link the payment to the plaintiff and the defendant's ledger entries and expert report were insufficient evidence; accordingly the appeal was allowed as to $600,000.

  • 25 May 2004

    FU KONG, INC. v. HUA YUN DA GROUP LTD

    Citation
    FU KONG, INC. v. HUA YUN DA GROUP LTD
    Court
    Court of First Instance
    Case number
    HCA511/2001

    On the facts the US$300,000 was advanced for the express and specific purpose of purchasing export quotas, giving rise from the outset to a Quistclose-type resulting trust in favour of the Plaintiff; the Defendant failed to prove it paid the sum to Jingmao and, having acquired knowledge of the primary facts by 4 December 2001, was affected by the trust and is ordered to repay the sum with interest and costs.

  • 31 Dec 2002

    CHAN SING CHUEN v. YUNG MEI CHUN

    Citation
    CHAN SING CHUEN v. YUNG MEI CHUN
    Court
    District Court
    Case number
    DCCJ15756/2000

    On the balance of probabilities the Court preferred the Plaintiff's account: the Defendant was held to have agreed to trade and to have dealt with the Plaintiff's funds; contemporaneous documentary material (emails admittedly from Defendant, deposit forms, cheques) and inherent probabilities (Defendant's financial expertise, timing and conduct) supported Plaintiff; late disclosure and implausibilities in the Husband's evidence and notebook meant his account was rejected; judgment awarded to Plaintiff for HK$135,000 plus interest and costs.