Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repayment
  • 23 Jul 2025

    LAM MAN SUN v. FELDMAN, RICHARD DAVID GERARD

    Citation
    [2025] HKDC 1215
    Court
    District Court
    Case number
    DCCJ3032/2023

    The Plaintiff proved the 25 January 2018 transfer by bank deposit slip and proved the Remaining Transfers were personal loans to the Defendant made through nominee companies by contemporaneous WhatsApp messages and inherent probabilities; there was no evidence of repayment, so Plaintiff discharged the burden of proof and is entitled to judgment for HK$596,800 plus interest and costs.

  • 25 Jun 2025

    WONG HONG GAY PATRICK JONATHAN v. SIEW YEW KHUEN

    Citation
    [2025] HKCFI 2585
    Court
    Court of First Instance
    Case number
    HCA1946/2021

    On the balance of probabilities and weighing contemporaneous documents and witness credibility, the Court found the Defendant failed to prove repayment pursuant to the Loan Agreement; the HK$9,000,000 was more probably remuneration under an oral agreement and the HK$6,150,000 was not repayment of loan interest. Defendant therefore liable under the Loan Agreement for the advances and agreed interest; judgment entered for Plaintiff for the outstanding sum and interest and Defendant's counterclaim dismissed.

  • 12 Dec 2024

    NCKP v. CMY

    Citation
    [2024] HKFC 222
    Court
    Family Court
    Case number
    FCMC14399/2008

    On balance the court found the respondent remarried in October 2010 which terminated the maintenance order; the petitioner continued payments under a mistaken belief until June 2022; there was credible evidence the respondent concealed the remarriage and sought to frustrate recovery (including a reverse mortgage); accordingly it was not unjust to order full repayment under s.23 MPPO and the appeal failed.

  • 4 Mar 2024

    葉啟華 對 潘泳霖

    Citation
    [2024] HKDC 155
    Court
    District Court
    Case number
    DCCJ1253/2022

    The court accepted the plaintiff's contemporaneous records, bank documents and WhatsApp evidence as reliable, rejected the defendant's inconsistent and non-contemporaneous ledger and late challenges as not credible, and therefore held the defendant liable to repay the outstanding loan of HKD221,210 less HKD1,200 repaid plus assessed bank interest loss, totaling HKD254,564.50, together with post-judgment interest and costs.

  • 31 Jan 2024

    XUE BORAN AND ANOTHER v. HUI CHI SUM AND ANOTHER

    Citation
    [2024] HKCFI 349
    Court
    Court of First Instance
    Case number
    HCA2493/2018

    On the balance of probabilities the court preferred the plaintiffs' coherent, documentary‑corroborated account: the Oral Loan Agreement existed and HK$20,000,000 was advanced; the 1st defendant signed the Loan Note voluntarily; the 2nd defendant's signature on the Loan Note was not proven to have been hers or known to her; the Loan Agreement was signed without duress. The defendants failed to discharge the burden to prove undue influence or duress and are therefore bound by the written instruments; judgment entered for the plaintiffs for the agreed sums and interest.

  • 29 Jan 2024

    XIE JIA YUE (also known as TSE JACQUELINE KAR YUE) v. FUNG YUK CHING AND ANOTHER

    Citation
    [2024] HKDC 163
    Court
    District Court
    Case number
    DCCJ4086/2018

    On the evidence and credibility findings the court concluded the plaintiff did not have enforceable loans against the defendants: the HK$4,000 payment was voluntary; the HK$218,193 benefit was procured by Roger and a family arrangement existed with Terence/Roger so unjust enrichment claim should be pursued against Roger, not the defendants; the HK$120,000 was payment for occupation (rental) rather than a loan. There was no enforceable promise that Beverly Villas Property was a gift to plaintiff and Roger. Therefore all plaintiff claims and the 1st defendant's counterclaim (and plaintiff's cou…

  • 17 Nov 2022

    CHUI TAK KEUNG DUNCAN v. VIP CREDIT LTD (formerly known as CNI CREDIT LTD)

    Citation
    [2022] HKCFI 3480
    Court
    Court of First Instance
    Case number
    HCB7518/2020

    The Debtor failed to adduce sufficiently precise evidence that payments to Sun Fung were in fact payments to the Petitioner and the Petition and supporting material demonstrated the Debt remained outstanding; accordingly the Petitioner had a prima facie entitlement to a bankruptcy order and the Debtor was declared bankrupt.

  • 25 Nov 2020

    LI LIANG v. CHIU MAN HON

    Citation
    [2020] HKCFI 2945
    Court
    Court of First Instance
    Case number
    HCA1353/2018

    The court found on the balance of probabilities that the HK$7,992,000 paid on 16 January 2015 was payment due under the TYG Agreement and not repayment of the Loan; accordingly the Loan remained unpaid and judgment is entered for plaintiff for HK$8,000,000 with interest; defendant's counterclaim is dismissed.

  • 9 Nov 2020

    JIANG, JIANXIN v. YIU, MING FUNG

    Citation
    [2020] HKCA 916
    Court
    Court of Appeal
    Case number
    CACV156/2019

    The Court dismissed the defendant's appeal and allowed the plaintiff's cross-appeal, entering summary judgment for the plaintiff for the principal sum of RMB 70,000,000 and for interest, because the defendant's defence of prior repayment was inherently incredible, contradicted by contemporaneous signed documents (Loan Confirmation Note and Investment Confirmation Note) and unsupported by explanation or evidence, and therefore did not raise a triable issue to resist summary judgment.

  • 29 Jul 2020

    陳淑眉 對 胡玉珍

    Citation
    [2020] HKDC 594
    Court
    District Court
    Case number
    DCCJ3443/2018

    On the uncontroverted documentary and contemporaneous WhatsApp and email evidence and the defendant's absence at trial, the court found the plaintiff proved the existence of the oral loan of RMB1,000,000, the repayments received, and that RMB509,577.31 remained outstanding; the defendant was ordered to pay that principal, interest from 3 August 2018 at best lending rate to judgment and judgment rate thereafter, and costs to the plaintiff.