东方泰隆建筑装饰工程有限公司.docVIP

HCA105/2004  IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 105 OF 2004 --------------------- BETWEEN CHIU TIN YAU LESLEY Plaintiff and DICKSON NG (also known as NG KWOK CHING Defendant also known as NG KWOK CHING DICKSON and also known as DICKSON NG KWOK CHING) ----------------------- Before?: Hon Poon J in Court Date of Hearing?: 10 November 2009 Date of Judgment? 10 November f2009 Date of Reasons for Judgment : 13 November 2009 -------------------------------------------------------- R E A S O N S F O R J U D G M E N T --------------------------------------------------------- On 10燦ovember 2009, I allowed the plaintiff-’s claim and entered judgment in his favour against the defendant for HK$2.5爉illion with interest at -judgment rate from the date of writ to payment. I燼lso ordered the defendant to pay the plaintiff costs of -the action, including all costs reserved, to be taxed if not agreed. These are my reasons. The dispute The plaintiff is a businessman. He was one of the proprietors of 東方泰隆建築裝飾工程有限公司 (“the Company”) and a director of Wing Fung Cheung Company Limited (“WFC”). The defendant is also a businessman. It is the plaintiff’s case that he came to know the defendant through the introduction of a close friend. The present action arose out of a sum of HK$2.5爉illion that the plaintiff paid the defendant on 29燗pril 2002 (nt“the Sum”). The plaintiff’s pleaded case is that pursuant to an oral agreement between the parties (“the Oral Agreement”), he paid the Sum to the defendant as the deposit in the form of a performance bond for the decoration work of a building construction project in a housing development known as 中國北京蝶翠華庭 in Beijing (“the Decoration Project”). The Project however did not materialize. The consideration for the Sum had therefore totally failed. Despite repeated requests, the defendant had failed to repay him. The defendant’s pleaded case is that the Decoration