15 Dec 2023
MINMETALS, INC v. YU WING KEUNG DICKY
- Citation
- [2023] HKCFI 3224
- Court
- Court of First Instance
- Case number
- HCA1219/2019
On the balance of probabilities Defendant failed to prove that the disputed payments were made on account of his Guarantee; contemporaneous documents and the payment chronology show the 2017 payments were treated as discharging the Clause 2.1 liability, and the Court properly drew an adverse inference from Defendant’s failure to call Mark Chow; accordingly Plaintiff is entitled to judgment for US$747,537.47 plus interest and costs.