21 Nov 2008
KING FUNG CONSTRUCTION WORK CO LTD v. YIP KWAI CHOR AND ANOTHER
- Citation
- KING FUNG CONSTRUCTION WORK CO LTD v. YIP KWAI CHOR AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV54/2008
The Court of Appeal refused to disturb the recorder's credibility-based factual findings because they were not plainly wrong: the recorder correctly found a 50:50 profit understanding, that the five payments were not recoverable loans, that back-to-back subcontracts and certain debts by Sing Yip existed, that Lau misapplied funds and diverted the West Kowloon project for secret profit, and that removal of Yip was unfairly prejudicial; accordingly the recorder's orders (valuation and repayment directions and judgment against Sing Yip) stand and the appeals are dismissed.