25 Apr 2014
WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
- Citation
- WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
- Court
- Court of Appeal
- Case number
- CACV190/2011
The Court of Appeal upheld the trial judges factual findings that Big Island failed to prove the asserted oral loan agreement and failed to show NL was the source of funds; the defendants fund-exchange case was also rejected but that did not entitle Big Island to succeed. Under Hong Kong law the claimant must prove the basis/purpose of payments and an unjust factor for restitution; admitted receipt alone did not shift legal burden to defendants to establish the fund-exchange defence. The trial judge did not err in refusing late discovery or admission of Kemps statement; his case management…