30 Jul 2020
AXHT CO LTD v. FREEWAY FINANCE CO LTD
- Citation
- [2020] HKCFI 1603
- Court
- Court of First Instance
- Case number
- HCA1320/2016
The Court held that the Defendant received HK$2,134,023 which originated from the Plaintiff and was paid under a mistake of fact that WWL was party to and indebted under the Defendant's loan and charge; the Defendant had no legal right to receive the sum because the loan agreement and charge were void for lack of consent and were procured by forged documents, and the Defendant failed to establish any defence (including change of position and good consideration). Judgment for the Plaintiff for restitution of HK$2,134,023 and costs nisi was granted.