15 Jan 2021
AU YIN PIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER
- Citation
- [2021] HKCFI 120
- Court
- Court of First Instance
- Case number
- HCA359/2016
On the balance of probabilities the court preferred the evidence of the Mother, AYP and APC over that of AWC and the Company; contemporaneous accounting records, cheque payments and witness evidence established that the Company owed the Mother HK$1,660,000 and AYP HK$2,668,109.38 and that AWC personally undertook/guaranteed repayment by his cheques; the Company's claim against APC was defeated by the proved cheque discounting arrangement and Set-off Agreement and the Company’s repayment of the mortgage as set-off.