13 Feb 2015
HO YUK LUN ALAN v. CHAN YUI HANG (LIQUIDATOR OF LECO WATCH CASE MANUFACTORY LTD)
- Citation
- HO YUK LUN ALAN v. CHAN YUI HANG (LIQUIDATOR OF LECO WATCH CASE MANUFACTORY LTD)
- Court
- Court of First Instance
- Case number
- HCMP1013/2013
Court found on balance of probabilities that the HK$580,000 payment was a loan by the Applicant to the Company; although the cause of action ordinarily accrued in June 2005, the director's repeated assurances to 'discuss later' and to arrange repayment constituted representations sufficient to estop the company from relying on the limitation defence up to the date of the last promise; the Liquidator failed to demonstrate that admitting the proof would unjustly prejudice other creditors; accordingly the liquidator's adjudication rejecting the proof was reversed and the proof admitted.