Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment/part payment
  • 2 Mar 2010

    CHOW YAN WEI v. RISESHIP CONSTRUCTION CO LTD

    Citation
    CHOW YAN WEI v. RISESHIP CONSTRUCTION CO LTD
    Court
    District Court
    Case number
    DCCJ1738/2008

    The court accepted the Plaintiff's evidence and the independent witness (Sihoe) as credible and found the Defendant's account inherently incredible where it contradicted the Plaintiff. Contemporaneous documents (receipts and IRD notifications) describing the sums as "consultancy fee" were treated as admissions. The payments of HK$150,000 were held to have been made pursuant to the Consultancy Agreement, the Defendant's counterclaim was dismissed, and judgment was entered for the Plaintiff for HK$475,000 with interest at judgment rate from 13 March 2008 until satisfaction.