Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Gratuitous payments

  • 14 Jan 1982

    STABEE INVESMENT LTD v. CHANG SHIN CHUEN

    Citation
    STABEE INVESMENT LTD v. CHANG SHIN CHUEN
    Court
    Court of First Instance
    Case number
    HCA3979/1979

    Paragraph 3 of each Statement of Claim together with the Further and Better Particulars sufficiently pleaded gratuitous payments ultra vires the companies such as to disclose a prima facie cause of action; plaintiffs need not plead detailed negative averments excluding all possible implied or ancillary powers and the onus of establishing validity of proven gratuitous payments lies on the recipient. Sub-clause 3(x) of Mosbert's memorandum is an independent substantive object but does not authorise gratuitous permanent disposal of monies not immediately required. The two payments alleged to Dr…

  • 14 Jan 1982

    MOSBERT ACCEPTANCE LTD v. CHANG SHIN CHUEN

    Citation
    MOSBERT ACCEPTANCE LTD v. CHANG SHIN CHUEN
    Court
    Court of First Instance
    Case number
    HCA3980/1979

    Paragraph 3 of each statement of claim, together with the delivered particulars, sufficiently pleaded gratuitous payments ultra vires the companies and established a prima facie cause of action; plaintiffs need not plead further particulars excluding all possible implied powers because the onus to justify such payments lies on the recipient; however the two payments to Dr McAlister were not pleaded as payments to the defendant and those allegations were struck out.