31 Jul 2018
CHOI LISA MEI YIN v. YAU PAK KIN
- Citation
- [2018] HKCFI 1790
- Court
- Court of First Instance
- Case number
- HCA3/2012
On the balance of probabilities the promissory note was forged based on the expert handwriting evidence weighted in favor of the defendant's expert; alternatively, even if genuine the underlying loans were debts provable in bankruptcy and could not constitute consideration after the defendant's discharge; further the instrument did not state a sum certain as to interest and thus was not a promissory note under s.89 BEO; evidence established overpayment on either party’s case and no enforceable security agreement existed — accordingly the plaintiff's claim is dismissed and judgment entered for…