27 Feb 2015
CHAN KUNG KEE v. WEN XIAOLING
- Citation
- CHAN KUNG KEE v. WEN XIAOLING
- Court
- Court of First Instance
- Case number
- HCA1635/2010
The court found the borrowing terms genuine and that the HK$3,000,000 was given for the purpose of an intended share acquisition not as an unconditional loan; there was no proof the defendant transferred RMB2.7m to the company and the plaintiffs validly withdrew before any performance by the defendant, therefore the defendant is bound to return the HK$3,000,000 as money had and received; the defendant's counterclaim for education loans fails for lack of reliable documentary evidence.