Hong Kong Case Law: Decisions & Judgments

Topic

Repayment of funds

Legal area

Court

15 Mar 2012

SHENZHEN ZHAOTIAN INVESTMENTS CO LTD v. HENDERSON LAND DEVELOPMENT CO LTD AND ANOTHER

Citation

SHENZHEN ZHAOTIAN INVESTMENTS CO LTD v. HENDERSON LAND DEVELOPMENT CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA825/2008

The court found Zhaotian failed to prove the alleged oral agreement: witness testimony was inconsistent, often fabricated or unreliable, and contemporaneous documents did not support the pleaded oral contract; additionally Mr Ho had no proved authority to instruct payment and Foundation/Tian Li breached the Property Settlement Agreements by failing to complete the transactions and by misapplying funds, entitling Beijing Henderson to repayment of the Advance less proven deductions; accordingly HCA825/2008 was dismissed and judgment entered for Beijing Henderson in HCA899/2009 for HK$16,017,941…
24 May 2001

BHAGWAN SHANKARDAS MOORJANI v. THE KA WAH BANK LTD.

Citation

BHAGWAN SHANKARDAS MOORJANI v. THE KA WAH BANK LTD.
Court

Court of Appeal
Case number

CACV116/2000

Leave to appeal was refused because the applicant failed to demonstrate that the matter involved questions of great general or public importance or any other good reason to justify granting leave; accordingly the application was dismissed and the security for costs and sums paid into court were ordered repaid with interest as specified.
22 May 1998

GROUP SENSE COMMUNICATION LTD. AND OTHERSv. CHARLIE Y.W. CHIU AND ANOTHER

Citation

GROUP SENSE COMMUNICATION LTD. AND OTHERSv. CHARLIE Y.W. CHIU AND ANOTHER
Court

Court of First Instance
Case number

HCA8068/1994

The court found on the evidence that Mr Charlie Y.W. Chiu had a primary personal liability to repay the US$250,000 (HK$1,932,112.50); the payment to the 2nd Defendant was a conduit and did not negate his personal obligation; no sufficient defence or legal basis for implying terms was established, therefore judgment was entered against Mr Chiu and the claim against the 2nd Defendant and the counterclaim were dismissed.

Hong Kong Case Law

SHENZHEN ZHAOTIAN INVESTMENTS CO LTD v. HENDERSON LAND DEVELOPMENT CO LTD AND ANOTHER

BHAGWAN SHANKARDAS MOORJANI v. THE KA WAH BANK LTD.

GROUP SENSE COMMUNICATION LTD. AND OTHERSv. CHARLIE Y.W. CHIU AND ANOTHER