Hong Kong Case Law: Decisions & Judgments

Topic

Shareholders' loan

Legal area

Court

16 Jul 2021

YANG SHUBIN v. LAI KUK WA

Citation

[2021] HKDC 857
Court

District Court
Case number

DCCJ5859/2020

Contemporaneous text messages, the plaintiff's cheque payable to the defendant and deposit into her personal account, together with absence of contemporaneous evidence to support the defendant's shareholders' loan contention, made the defendant's defence inherently implausible; she failed to show a real or bona fide defence and summary judgment for HK$1,650,000 with interest and costs was appropriate.
4 Oct 2018

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

Citation

[2018] HKCFI 2369
Court

Court of First Instance
Case number

HCMP85/2018

The court held the central issue—the existence of the alleged oral agreement—was disputed and concerned credibility; therefore the matter could not be determined on the papers and must proceed to a substantive hearing with viva voce evidence under Order 28 rule 4, with directions for filing evidence and trial preparation.
21 Sept 2017

KING’S GLORY EDUCATIONAL CENTRE LTD v. TSANG WOON MING

Citation

KING’S GLORY EDUCATIONAL CENTRE LTD v. TSANG WOON MING
Court

Court of First Instance
Case number

HCMP95/2017

The petition was struck out as an abuse of process because the Company established a bona fide dispute on substantial grounds as to the existence and quantum of the alleged director's loan: Sum A was more consistent with an agreed capital contribution, half of Sum B was reimbursed by Ho and therefore not Tsang's loan, and the SPA and part performance/part payment by the purchaser provided a viable defence (accord and satisfaction); Tsang's documentary and witness evidence was insufficient to displace the Company's contemporaneous documentary evidence.
21 Sept 2012

LAU, WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS

Citation

LAU, WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS
Court

Court of Appeal
Case number

CACV196/2011

The appeal is dismissed because the trial judge was entitled to accept the contemporaneous company records and conclude the payments were consultancy fees rather than enforced contractual 'returns of investment', the plaintiff failed to plead or prove consideration or an enforceable agreement on the balance of probabilities, and the counterclaim was established by the company's books and a signed confirmation of balance.

Hong Kong Case Law

YANG SHUBIN v. LAI KUK WA

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

KING’S GLORY EDUCATIONAL CENTRE LTD v. TSANG WOON MING

LAU, WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS