Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Apportionment of repayment

Legal area

Court

8 Apr 2026

YUEN YIU YAM v. WONG YIN LAM AND ANOTHER

Citation

[2026] HKCFI 1956
Court

Court of First Instance
Case number

HCA2952/2018

No enforceable investment agreement was proved between the principal parties; Mr and Mrs Wong were not agents of Mr Yuen, but Mr Wong assumed fiduciary duties (constructive trustee) in receiving and holding distributions for Mr Yuen; the mortgagors objectively agreed to a single joint loan of HKD13,000,000 to be remitted as a lump sum; apportionment between the Borrowers is 34.23% (Wong group), 45% (Ng group) and 20.77% (Mrs Yuen); applying those proportions to the agreed total repaid to DDF (HKD16,534,219.50) produced each party's liability and revealed the Wong group overpaid, entitling the…
8 Apr 2026

YAN CAIPING AND OTHERS v. WU MINGUANG AND OTHERS

Citation

[2026] HKCFI 1956
Court

Court of First Instance
Case number

HCA1746/2018

No investment agreement was proved between the accused investors and no agency existed; however the court found that all mortgagors agreed to be jointly liable to DDF for a single HK$13,000,000 loan remitted to 720 Co, and apportioned liability between the three borrower groups as Wong group 34.23%, Ng group 45% and Mrs Yuen 20.77%. Applying those proportions to the agreed total repaid to DDF (HK$16,534,219.50) produced rateable contributions; the Wong group overpaid and is entitled to HK$449,598.78 from Wu and MDC and HK$2,734,157.39 from Mrs Yuen; Mr Wong held certain distributions as const…