Hong Kong Case Law: Decisions & Judgments

Topic

Loan characterization

Legal area

Court

19 Jul 2007

WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

Citation

WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
Court

Court of First Instance
Case number

HCA714/2007

The defence was shadowy and not capable of belief when tested against contemporaneous loan documents, receipts, accounting records and inconsistent explanations; therefore conditional leave to defend only was appropriate and required payment into court of the full claimed sum within a short period, failing which judgment would be entered for the plaintiff.
8 Mar 2004

WU FEE PHILIP v. LIEU TSENG VAN

Citation

WU FEE PHILIP v. LIEU TSENG VAN
Court

Court of First Instance
Case number

HCA3119/2003

The contemporaneous documents and the defendant's conduct (personal receipts, amended draft deed acknowledging personal liability, and a personally signed account stated) were inconsistent with his later claim that the loans were to Van Shipping or the Club; his contrary case was not believable and disclosed no triable issue, therefore the Master’s summary judgment must stand and the appeal is dismissed.
10 Jul 1997

ADRIAN MICHAEL CAPPON v. DOV LAROM

Citation

ADRIAN MICHAEL CAPPON v. DOV LAROM
Court

Court of First Instance
Case number

HCA1052/1995

The court accepted the Defendant's account that the US$60,000 was a financial adjustment/settlement related to the joint venture and not a loan; the Defendant discharged the onus and the Plaintiff's claim was dismissed.
30 Apr 1996

In re Charmart Ltd.

Citation

In re Charmart Ltd.
Court

Court of First Instance
Case number

HCCW62/1996

The petition was dismissed because there existed a bona fide, arguable dispute about the nature, terms and repayment of the loan and the petitioner failed to establish the essential foundation for a just and equitable winding-up; allowing winding-up would be unjust and inequitable in the circumstances.

Hong Kong Case Law

WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

WU FEE PHILIP v. LIEU TSENG VAN

ADRIAN MICHAEL CAPPON v. DOV LAROM

In re Charmart Ltd.