Hong Kong Case Law: Decisions & Judgments

Topic

Restitution (money had and received)

Legal area

Court

5 Jan 2026

KHO LUIS FABREGAS v. WU YOU

Citation

[2026] HKCFI 125
Court

Court of First Instance
Case number

HCSD59/2024

Where the restitutionary claim seeks the precise sum actually paid and requires no further quantification or account, it can constitute a liquidated sum for the purposes of a statutory demand; leave to amend an overstated statutory demand is a proper procedural remedy where no injustice or prejudice to the debtor is shown and the proposed amendment is not plainly liable to be struck out; accordingly leave to amend to US$2,228,000 was granted and extension of time to file replies was allowed.
28 Nov 2019

DYNAMIC ASSET MANAGEMENT LTD v. CHOI CHAU CHUNG ( 蔡湫松) by CHOI LAM HUNG, his Guardian ad litem

Citation

[2019] HKCFI 2932
Court

Court of First Instance
Case number

HCA1566/2015

Leave to re-amend was granted because the plaintiff had already pleaded 'money had and received', the proposed amendment was a necessary and proportionate response to the joint expert report establishing lack of capacity, the plaintiff could pursue restitution without relying on illegality so a blanket bar would be overkill, delay was not sufficiently prejudicial to justify refusal, and issues of illegality should be resolved at trial; costs were apportioned with a specific award for the hearing.
25 Jul 2006

CHOW WUN SING WINSTON v. YIU CHUN LUK

Citation

CHOW WUN SING WINSTON v. YIU CHUN LUK
Court

Court of First Instance
Case number

HCMP2923/2002

The court preferred the evidence of the plaintiff and his agent Alex Lee and rejected the defendant's account; the defendant failed to prove misrepresentation or that the plaintiff was carrying on or holding himself out as a money lender under the MLO; accordingly the statutory bar in s.23 did not apply and the loan and mortgage were enforceable; the plaintiff is entitled to judgment for the outstanding sum and vacant possession and the defendant's counterclaim for restitution fails.
2 Apr 2003

NG KAR FOOK BRIAN v. ON PO BLEACHING AND DYEING FTY. LTD

Citation

NG KAR FOOK BRIAN v. ON PO BLEACHING AND DYEING FTY. LTD
Court

Court of First Instance
Case number

HCLA43/2002

The presiding officer erred in law by declining jurisdiction to hear the appellant's set-off claims because the alleged failure to account for cash advances arose from breach of terms of the employment contract and thus fell within the Labour Tribunal's jurisdiction; the appropriate remedy was to remit the set-off to the Labour Tribunal for retrial and to stay execution of the award to the extent of the set-off, while noting that a restitutionary claim (money had and received) could require transfer to the District Court.

Hong Kong Case Law

KHO LUIS FABREGAS v. WU YOU

DYNAMIC ASSET MANAGEMENT LTD v. CHOI CHAU CHUNG ( 蔡湫松) by CHOI LAM HUNG, his Guardian ad litem

CHOW WUN SING WINSTON v. YIU CHUN LUK

NG KAR FOOK BRIAN v. ON PO BLEACHING AND DYEING FTY. LTD