Hong Kong Case Law: Decisions & Judgments

Topic

Payment by mistake

Legal area

Court

31 Oct 2022

LO SIU KIT v. TSANG LING SHING IGNATIUS AND ANOTHER

Citation

[2022] HKCFI 3319
Court

Court of First Instance
Case number

HCA103/2022

The court held that the plaintiff established a good arguable case on the merits for unjust enrichment, knowing receipt and dishonest assistance, but the interlocutory proprietary injunction could not be granted because the plaintiff failed to identify with sufficient particularity the Sum or its traceable proceeds in defendants' accounts so that the injunction could operate.
28 Sept 2020

MAK CHEUNG CHING v. WONG MEI FONG AND ANOTHER

Citation

[2020] HKCFI 2488
Court

Court of First Instance
Case number

HCA254/2016

Plaintiff's claims dismissed because he failed to prove on balance of probabilities that defendants instructed or were principals of the persons who made calls or attended TVB/On Kee; evidence was deficient, largely hearsay and uncorroborated and key witnesses lacked credibility; the 2nd Defendant's counterclaim failed because the Subject Sum was paid as part payment for delivered goods (transaction 9), not induced by fraud, and there was no credible oral offsetting agreement, so no restitution/order for return of the sum.
4 Dec 1978

RICKY NG KA NUNG t/a KING\'S LAND TRADING CO v. MEE NGAI KNITTING & EMBROIDERY CO (A FRIM)

Citation

RICKY NG KA NUNG t/a KING\'S LAND TRADING CO v. MEE NGAI KNITTING & EMBROIDERY CO (A FRIM)
Court

Court of First Instance
Case number

HCA900/1978

The court found there was no contract of sale between the plaintiff and defendants but held that the $112,500 was paid by the plaintiff for the purpose of taking delivery; since the defendants failed to deliver, they were unjustly enriched and must repay the sum with interest; judgment for plaintiff for $112,500 with interest and costs follows.

Hong Kong Case Law

LO SIU KIT v. TSANG LING SHING IGNATIUS AND ANOTHER

MAK CHEUNG CHING v. WONG MEI FONG AND ANOTHER

RICKY NG KA NUNG t/a KING\'S LAND TRADING CO v. MEE NGAI KNITTING & EMBROIDERY CO (A FRIM)