18 Sept 2009
BEIJING CHONGWEN-NEW WORLD PROPERTIES DEVELOPMENT CO LTD AND ANOTHER v. HO YUK WAH, DAVID AND ANOTHER
- Citation
- BEIJING CHONGWEN-NEW WORLD PROPERTIES DEVELOPMENT CO LTD AND ANOTHER v. HO YUK WAH, DAVID AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2915/2002
On the balance of probabilities the Court found that a fee off‑setting arrangement existed as described in the 4 October 1991 letter and subsequent conduct; accordingly the Firm was entitled to render time‑based bills, to set off and appropriate purchaser monies held in trust against those bills, and judgment was entered for the Firm on the relevant accounts; NWD was not established to be liable and liability rested on the developer joint‑venture entities; the Beijing account must be taxed (special circumstances established) with an interim payment ordered; alternatively, if no FOA existed th…