Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set-off and restitution

Legal area

Court

31 Dec 2024

CHINA YINSHENG FINANCE LTD 對 TSE KIN KI 及另一人

Citation

[2024] HKCFI 2680
Court

Court of First Instance
Case number

HCA518/2016

Court found on the balance of probabilities that (1) Yinsheng did not collude with Sheng Yi/intermediary and its loan to the defendants was not illegal; defendants misrepresented income to Yinsheng and thus must repay the Yinsheng loan (no clean hands); (2) Parklane did collude with the intermediary (Sheng Yi/Joe Lee) and knew of intermediary involvement and false inducements; Parklane's transaction therefore engaged ss27/29/30 of the Money Lenders Ordinance and Parklane must refund the overpaid amount calculated by deducting treated principal and interest items. Consequently Yinsheng's claim…
17 Feb 2011

AU SOU LIN v. ZIELONA TRANSPORT LTD

Citation

AU SOU LIN v. ZIELONA TRANSPORT LTD
Court

Court of Appeal
Case number

CACV99/2010

The Court held clause (F) that purported to contract out Employment Ordinance rights is void as to those rights; the employer cannot immediately recover the whole pay differential as overpayment without first quantifying the tangible statutory entitlements the employee is owed (including rest day and sickness allowance claims). The matter is remitted to the Labour Tribunal to determine those entitlements and deduct any quantified amounts from the alleged overpayment.