Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Receipt evidence

Legal area

Court

17 Nov 2008

SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO

Citation

SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO
Court

Court of First Instance
Case number

HCA3764/2003

On the evidence the payments to Tang were management fees under an agency agreement (supported by the Agency Agreement, receipts, and conduct), not rental advancements; therefore Cheung had no right of set-off against Spokesman or claim against the Tangs for repayment, and judgment is entered for Spokesman for the rent arrears and mesne profit with counterclaims and the action against the Tangs dismissed.
1 Mar 2001

Chan Chi-yin t/a Sui Wah Mould Factory v. Superstrong Industries Ltd. t/a M & T International

Citation

Chan Chi-yin t/a Sui Wah Mould Factory v. Superstrong Industries Ltd. t/a M & T International
Court

District Court
Case number

DCCJ26180/1998

On the balance of probabilities the judge accepted the plaintiff's allocation of payments and accounting evidence, concluded invoice No.2389 ($24,900) and invoice No.2414 ($89,100) remained unpaid, and entered judgment for the plaintiff for $114,000 with specified interest and costs; the judge preferred plaintiff's explanations for receipt stubs and accounting entries over the defendant's schedule and found defendants failed to prove payment of the disputed invoices.