Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repayment obligations
  • 15 Apr 2021

    CHOW KWAN YEE v. LEUNG MEI YIN MAY AND ANOTHER

    Citation
    [2021] HKCA 497
    Court
    Court of Appeal
    Case number
    CACV20/2020

    The appeal court upheld the trial judge's factual finding that the plaintiff advanced HK$2,000,000 to assist the 1st defendant and that repayments were made until April 2014, but found no evidential basis to hold the 2nd defendant personally liable on the oral loan (no proven agency or contract with him); the 2nd defendant's monetary counterclaims were dismissed for want of proof or improbability; however, the trial judge erred in dismissing the detinue claim on the ground of insufficient description — the 2nd defendant proved entitlement to delivery up of the specific jade dragon-and-phoenix…