22 Feb 2013
LAM CHING SHEUNG v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAM SHUI, DECEASED AND OTHERS
- Citation
- LAM CHING SHEUNG v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAM SHUI, DECEASED AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2234/2008
The court accepted the plaintiff's evidence and found both oral agreements existed: (a) the First Oral Agreement (1999) between the plaintiff, Tam Shui and her husband by which the husband jointly assumed the loan and agreed to pay interest to Lo Brothers; and (b) the Second Oral Agreement (25 July 2006) by which the 2nd and 3rd defendants undertook to repay the loan. The plaintiff's claims were not statute‑barred because the 2nd defendant deliberately concealed the default so time began to run in November 2005; causes of action survived the death of Tam Shui; accordingly the 1st, 2nd and 3rd…