26 Aug 2024
KONG KIM POR PAUL v. LAI KIN TO JOSEPH
- Citation
- [2024] HKDC 1421
- Court
- District Court
- Case number
- DCCJ3909/2020
Judge accepted plaintiff’s credible evidence, rejected defendant’s testimony as fabricated, found the defendant personally made and breached the 1st Personal Guarantee and alternatively that there was a total failure of basis (unjust enrichment) because the RMB500,000 was not deposited into the company as authorized; accordingly defendant must repay RMB500,000 plus interest. The 2nd Personal Guarantee was found to be by the company, not the defendant personally, and that claim was dismissed.
- Personal guarantee
- Breach of contract
- Unjust enrichment / money had and received
- Failure of basis / failure of consideration
- Assessment of damages
- Credibility of witnesses