21 Dec 2018
GAIN WEALTH GLOBAL CREDIT & INVESTMENT LTD v. CHAN SUK FONG
- Citation
- [2018] HKCFI 2666
- Court
- Court of First Instance
- Case number
- HCA77/2016
The court found serious procedural and evidential defects in the plaintiff's case (witness statements not in the witnesses' language, identical/templated paragraphs, jurat/signature placement concerns and reliance on junior employees without authority) which undermined the reliability of the plaintiff's evidence; given the defendant's credible account of inducement and lack of understanding the plaintiff failed to discharge its burden to prove enforceability of the loan, and the claim could not be upheld on the evidence before the court.