Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 13 Sept 2024

    CHAN WAI HON ALAN AND ANOTHER v. CHAN YUK FOEBE

    Citation
    [2024] HKCFI 1650
    Court
    Court of First Instance
    Case number
    HCA714/2018

    On the balance of probabilities the judge accepted the plaintiff's evidence and contemporaneous documentary record that the HK$20,000,000 and HK$4,200,000 transfers were loans and that the HK$15,000,000 loan remained outstanding; the defendant's alternative explanations were implausible and inconsistent with documents; further, plaintiffs did not carry on a business of money lending (no system, continuity, solicitation or advertising, several loans made at the defendant's request and some interest-free), so MLO did not bar recovery; accordingly judgment entered for plaintiffs with contractual…