28 Jul 2011
BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD
- Citation
- BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD
- Court
- Court of First Instance
- Case number
- HCA886/2007
On the totality of the evidence the court rejected BIC's primary case: BIC failed to prove the Loan Agreement and the alleged source of funds (Ms Lie) and the key documents were fabricated or unreliable; the alternative restitution claim failed because absence of consideration is not a recognised unjust factor; WYD succeeded on HCA714 because contemporaneous letters, receipts and payments demonstrated WYD lent HK$500,000 to BIC for FBC's use; HCA886 and HCA1364 failed because plaintiffs did not discharge burdens of proof on fund-transfer defence and alleged misappropriation/forgery respective…