Hong Kong Case Law: Decisions & Judgments

Topic

Loans

Legal area

Court

14 Dec 2022

FONG CHOK FUNG AND ANOTHER v. WAYTEX PLASTIC MANUFACTURING LTD AND ANOTHER

Citation

[2022] HKCFI 3641
Court

Court of First Instance
Case number

HCA1950/2017

On the balance of probabilities the court found plaintiffs were employees of D1 (held out as employees, paid and taxed as such, integrated in company), the monthly payments were wages not prepayments of profit share, defendants failed to prove profit-share calculations or that payments satisfied entitlements and could not run an unpleaded Dongguan Waytex aggregation argument; defendants channelled investment proceeds to D1 and misapplied funds; accordingly judgment was entered for plaintiffs and specified sums were awarded against D1 and D2 (and D1 alone where applicable).
2 Mar 2005

TANG PING KONG v. CHOW CHI LIT SIMON

Citation

TANG PING KONG v. CHOW CHI LIT SIMON
Court

District Court
Case number

DCCJ4660/2004

The defendant failed to plead or establish any triable defence to the claim on the cheques and loans; the late affirmation was excluded for lack of formal application, prejudice to the plaintiff and because it disclosed matters not pleaded; therefore summary judgment for the plaintiff was properly entered for $120,000 plus interest and costs.
9 Jul 1997

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER

Citation

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER
Court

Court of First Instance
Case number

HCCA22/1997

The trial judge's factual findings that the loans were personal to the appellants or, alternatively, that the appellants held themselves out as partners of the factory were supported by evidence (course of dealing, family connection, availability of blank factory cheques, ownership and saleability of premises) and therefore the appellate court will not overturn the judgment; accordingly the judgment for the respondent for the balance of $313,400 was affirmed and the appeal dismissed.

Hong Kong Case Law

FONG CHOK FUNG AND ANOTHER v. WAYTEX PLASTIC MANUFACTURING LTD AND ANOTHER

TANG PING KONG v. CHOW CHI LIT SIMON

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER