Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bankruptcy leave to proceed (s12)
  • 16 Dec 2024

    CHEUNG SIU YU v. KE JUNXIANG

    Citation
    [2024] HKCFI 3579
    Court
    Court of First Instance
    Case number
    HCA1020/2014

    On the balance of probabilities the Court found the pleaded oral agreement existed because the Plaintiff underwrote the placing, received a batch of sequential post‑dated cheques, the Defendant repeatedly admitted liability in contemporaneous SMS, a draft share transfer document mirrored the oral terms, and cheques and conduct linked Cheque A to the price‑difference protection; accordingly the Defendant breached the oral agreement and the Plaintiff is entitled to the claim subject to deductions for cash received and sale proceeds.