Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 24 Mar 2017

    MANULIFE (INTERNATIONAL) LTD v. WONG CHOU, JOHNNY

    Citation
    MANULIFE (INTERNATIONAL) LTD v. WONG CHOU, JOHNNY
    Court
    Court of First Instance
    Case number
    HCA1632/2012

    The court held that Manulife failed to prove a binding longstanding company policy making up‑line managers liable for ADOR paid to down‑line agents, so recovery of ADOR pocketed by others was dismissed; however Manulife was entitled under the express chargeback rules and memos to claw back the MDOR sums and YEB advances actually received by Mr Wong because the premium tests were validly applied when defaults manifested early, and obligation to repay did not cease on termination; accordingly Mr Wong was liable to repay MDOR HKD 751,095 and YEB advances HKD 1,207,697, and Manulife was ordered t…