28 Jul 2011
BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI DEVELOPMENT CO LTD AND ANOTHER
- Citation
- BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI DEVELOPMENT CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1957/2005
The court found, on evaluation of credibility and contemporaneous documents, that BIC failed to prove the existence of the alleged oral Loan Agreement and that the asserted source of funds (Ms Lie) was not established; consequently BIC's primary claims in HCA1957 and related restitution claims failed and were dismissed. The court accepted that the three sums in HCA714 were loans from WYD to BIC and entered judgment for WYD for HK$500,000 with interest. Claims in HCA886 and the derivative claim in HCA1364 were dismissed for want of proof of misappropriation and of wrongful change of bank manda…