Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mistake in payment

Legal area

Court

17 Jan 2020

大象商旅服務（深圳）有限公司 v. RICH TRAVEL SERVICE LTD

Citation

[2020] HKDC 80
Court

District Court
Case number

DCCJ5846/2018

Leave to appeal was refused because the grounds advanced did not show a reasonable prospect of success: the payments were clearly made to the defendant as per the invoices and the plaintiff's asserted mistaken belief as to the contractual basis, if disputed by the defendant, raises triable issues requiring a trial rather than summary resolution; accordingly appeal leave was not justified and costs were ordered to the defendant on an order nisi basis.
8 Mar 1974

LAM HEUNG MUI AND OTHERS v. TAI CHI CHUEN AND OTHERS

Citation

LAM HEUNG MUI AND OTHERS v. TAI CHI CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCA346/1971

The Assistant Registrar refused the insurer's application to be joined and to have the $140,000 paid out because the defendants consented to judgment and paid the sum into court while represented and aware of the facts; the circumstances did not amount to the kind of bona fide mistake or change of circumstances warranting setting aside or joinder to recover the funds; accordingly insurer's application was dismissed and the solicitors Brutton & Stewart were declared to have ceased to act for the defendants.