21 Dec 2012
LEUNG KAM MING v. POON KING MAN
- Citation
- LEUNG KAM MING v. POON KING MAN
- Court
- Court of First Instance
- Case number
- HCA816/2010
The Agreement between the plaintiff and defendant created a personal obligation on the defendant (clause 4) to pay the Sum if CLHK failed to do so; the lack of assignment of CLM's rights and the absence of CLHK as a party did not negate the defendant's personal liability; the plaintiff succeeded on his claim for MOP2,200,000 subject to deduction of the proven loan, and the court found the plaintiff failed to prove repayment of the HK$310,000 Loan and therefore upheld the defendant's counterclaim, awarding the net balance and interest.