Hong Kong Case Law: Decisions & Judgments

Topic

Part payment

Legal area

Court

12 Dec 2025

YANG YUEGUANG v. DRAGON HILL DEVELOPMENT LTD AND ANOTHER

Citation

[2025] HKCFI 6193
Court

Court of First Instance
Case number

HCA2120/2019

The appeal is dismissed because the plaintiff has shown an arguable case that remittances received between 22 September 2014 and 19 November 2017 could represent part payments that restarted the limitation period under s23(3) LO; disputed factual issues (purpose of remittances, contradictions) must be resolved at trial and do not justify summary striking out in a non‑plain‑and‑obvious case.
10 Feb 2025

RE HU SIYUN

Citation

[2025] HKCFI 579
Court

Court of First Instance
Case number

HCB6219/2023

The court held that the operative cause of action accrued on the date of the relevant demand reflected in the account statement of 2 August 2023 showing the large margin call and account balance; earlier, smaller margin calls did not fix accrual for the larger debt and did not render the petition time-barred under the Limitation Ordinance.
15 Mar 2021

NU LOOK IPI ENTERPRISES LTD v. CHAN SIU MUI and TAM LAN CHI LORCHE, the Administratrix of the estate of TAM KAM FAI FRANCIS, deceased

Citation

[2021] HKCFI 588
Court

Court of First Instance
Case number

HCA228/2019

The payment of $200,000 by Yew Chung on 11 December 2013 was a repayment by Yew Chung of its contractual obligation under a debenture to the plaintiff, not a payment by the deceased or his agent 'in respect of' the deceased's indebtedness; therefore it did not constitute a part payment under s.23(3) Limitation Ordinance and could not revive the limitation period, so the action was time-barred and the striking out was correct.
27 May 2015

AUSTEAR LTD v. FONG WING SENG (a male)

Citation

AUSTEAR LTD v. FONG WING SENG (a male)
Court

Court of First Instance
Case number

HCA2534/2005

The court dismissed the plaintiff's appeal and held that despite D2's admissions there were disturbing and inconsistent features in the overall circumstances which raised triable issues. Given the delay and the plausible weaknesses in the plaintiff's case, unconditional leave to defend was appropriate; D2 was ordered to file a defence and the plaintiff granted limited procedural directions.
13 Jun 2014

CHAN CHI WAH v. CHAN ALBERT KOON KEUNG AND OTHERS

Citation

CHAN CHI WAH v. CHAN ALBERT KOON KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA128/2011

The court found on the balance of evidence that the promissory note generated an outstanding indebtedness, the July 2002 oral variation was effective and affirmed liability, the HK$850,000 was a part payment reducing but not discharging the debt rather than a loan to the plaintiff, the share transfer did not satisfy the debt, and the plaintiff's claim was not time barred; accordingly judgment was entered for the plaintiff in HCA 128/2011 and the defendants' action HCA 766/2012 was dismissed.
30 Sept 2013

CHUNG & KWAN, SOLICITORS (a firm) v. TSO MAN TSUN GORDON

Citation

CHUNG & KWAN, SOLICITORS (a firm) v. TSO MAN TSUN GORDON
Court

District Court
Case number

DCCJ970/2012

The court found the retainer covered the entire defamation action so the limitation period began to run only at a natural break (either after the conference with counsel in August 2006 when the matter was shelved, or upon the Resident's death in 2008) and the claim issued in March 2012 was within six years; alternatively part payment of HK$30,000 (last paid 7 Feb 2007) restarted limitation under s.23 LO; factually the HK$30,000 were costs on account not a full and final settlement and the HK$7,000 transfer was authorized; no special circumstances were shown to order taxation, so judgment for…
25 Jul 2013

RE LAU WAN

Citation

RE LAU WAN
Court

Court of First Instance
Case number

HCB4136/2012

The petition was dismissed because it was an action upon the judgment barred by s.4(4) of the Limitation Ordinance and the bank's unilateral set-off did not constitute part payment or an acknowledgment by the debtor that would restart the limitation period under s.23(3) and s.24(2).
4 Jun 2010

SILVER GEM INDUSTRIAL LTD v. NATIONAL PHARMACEUTICAL CO LTD

Citation

SILVER GEM INDUSTRIAL LTD v. NATIONAL PHARMACEUTICAL CO LTD
Court

District Court
Case number

DCCJ858/2009

The court held the claims were time-barred under s4 Cap.347: the causes of action accrued on the dates of the advances (or last repayments) and more than six years elapsed before writ; the 4 July 2007 audit confirmation did not constitute an unequivocal written acknowledgment under s23(3) and s24(1) because it evidenced dispute and equivocation; documentary evidence did not support a contractual rate of 12% for NPGL and on balance NPGL did not owe interest. Accordingly both actions were dismissed.
21 Nov 2006

BANK OF CHINA (HONG KONG) LTD v. WENLOY LTD AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. WENLOY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA997/2004

The defendants failed to raise believable triable issues: the 2nd defendant, a former practising solicitor, cannot credibly claim lack of knowledge of clear contractual documents; the alleged settlement agreement is inconsistent with contemporaneous documents and implausible and in any event would be unenforceable as part payment without consideration; accordingly summary judgment was correctly entered and indemnity costs are proper under the contract and given the unmeritorious defence.
16 Sept 2005

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD

Citation

HUI CHU WING t/a YAU LUEN AIR-CONDITIONING ENGINEERING CO v. WORLD TREND ENGINEERING LTD
Court

District Court
Case number

DCCJ1442/2004

The judge accepted the plaintiff’s evidence that the work described in the five invoices was performed and that the invoices were payable when issued; the defendant’s contrary evidence was not credible and commercial sense supports payment during the project rather than deferral of negotiation, therefore judgment for the plaintiff for $106,250 and costs and interest.