29 Oct 2008
CHEONG SHING LTD AND ANOTHER v. YU KWAN AND OTHERS
- Citation
- CHEONG SHING LTD AND ANOTHER v. YU KWAN AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV5/2008
KY001 and KY002 did not prove the specific terms required to characterise the HK$38.76 million as a loan to the defendants; the payment was made in the course of an unproved commercial transaction and was not a gift; Minshen Hong Kong was out of pocket to the extent of HK$28.26 million after credit for repayments and is entitled to restitution (money had and received) for that sum with simple interest at 5% from the date of the writ; judgments against Mr Kong and findings that relied on KY001 as specific contractual proof were discharged; costs orders were set aside with parties ordered to be…