29 Oct 2008
KONG KAI CHEUNG v. 西安民生集團股份有限公司 AND ANOTHER
- Citation
- KONG KAI CHEUNG v. 西安民生集團股份有限公司 AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV8/2008
The payment of HK$38.76 million was not established to be a loan on the specific contractual terms alleged; KY001 and KY002 were unreliable and largely intended as reassurance to Xian management rather than enforceable instruments; the only proven loss to Minshen Hong Kong was HK$28.26 million (after two partial repayments), and restitution (money had and received) in favour of Minshen Hong Kong for HK$28.26 million with 5% simple interest from the date of the writ was the correct relief; judgments against Mr Kong and others based on the loan finding were discharged.