Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertaking/guarantee
  • 10 Oct 2005

    LEUNG SIK CHUNG AND ANOTHER v. TING KEI ENGINEERING CO LTD

    Citation
    LEUNG SIK CHUNG AND ANOTHER v. TING KEI ENGINEERING CO LTD
    Court
    District Court
    Case number
    DCCJ1629/2004

    On the balance of probabilities the court found that the parties had discussions and formed a partnership arrangement under which the 1st Plaintiff worked on site, and that the 1st Plaintiff's evidence of an employment contract with the specific wage terms was not credible; however the Defendant failed to prove the alleged undertaking by the 1st Plaintiff to repay loans advanced nor the factual/legal basis for the counterclaim (including authority for Lee/Choi to bind the Partnership to borrow from the Defendant). Consequently both the 1st Plaintiff's claim and the Defendant's counterclaim we…