Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Counterclaim for commission

Legal area

Court

16 Jul 2001

PSP Contractors & Traders Ltd. v. Wu Pui Kei

Citation

PSP Contractors & Traders Ltd. v. Wu Pui Kei
Court

District Court
Case number

DCCJ16125/2000

Both the claim and the counterclaim are dismissed because neither party discharged the burden of proof on a balance of probabilities; the court found the documentary evidence incomplete and the oral accounts conflicting and insufficient to establish loans or an agreement to pay a 40% profit share; accordingly there is no order for costs (costs to lie where they fall).
4 Nov 1968

U.S.I. (HONG KONG) LTD v. YUNG WOON CHEUNG t/a UNION TRADING CO

Citation

U.S.I. (HONG KONG) LTD v. YUNG WOON CHEUNG t/a UNION TRADING CO
Court

Court of First Instance
Case number

HCA699/1967

Defendant was found to be the buyer not an agent; the alleged oral agreement to supply 80,000 lbs per month and pay 12 cents commission was not proved and was unrealistic; the counterclaim failed for lack of credible evidence and consideration, therefore the promissory note was enforceable and plaintiff was entitled to judgment for the balance with interest and costs.