3 Jun 2016
東莞市枝記市場投資管理有限公司 AND ANOTHER v. YIP KWOK CHI
- Citation
- 東莞市枝記市場投資管理有限公司 AND ANOTHER v. YIP KWOK CHI
- Court
- Court of First Instance
- Case number
- HCA1072/2014
Plaintiffs failed to prove on the balance of probabilities the existence and terms of the alleged Supplemental 1st Debt Agreement or that daily deductions were repayments of the 1st Debt; contemporaneous documents and inconsistent testimony undermined plaintiffs' case. By contrast P2's possession of three batches of post‑dated cheques supporting an unpaid HK$850,000 indebtedness was found credible and established the 2nd Debt; accordingly P1's claim for RMB4,000,000 is dismissed, P2's claim for HK$850,000 is allowed, and defendant's counterclaims are dismissed.