Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Guarantee / co‑surety
  • 12 Aug 2011

    WONG NUEN KIU v. ZHU JINFEN AND ANOTHER

    Citation
    WONG NUEN KIU v. ZHU JINFEN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA873/2007

    Ng's Account did not constitute a legally enforceable real account stated; contemporaneous IOU notes and other unrecorded liabilities owed by the Defendants to the Plaintiff (totaling substantially more than the account credit) extinguished any claimed balance. The $500,000 loan was advanced for the 1st Defendant's purposes; Plaintiff, having paid as guarantor, is entitled to recover $556,800 with interest. Defendants' counterclaim based on Ng's Account is dismissed. The 1st Defendant is entitled to a modest rental account amount and an ongoing account of rents from 1 August 2010.