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DCCJ3790/2021
GEI COENG CONSTRUCTION COMPANY LIMITED v LONG KAM ENGINEERING PROJECT LIMITED & TSUI HAU HI
Case Details
Case ReferenceDCCJ3790/2021
CourtDistrict Court 區域法院
Date Published2026-03-20
LanguageTraditional Chinese
NCN[2026] HKDC 443
Claimant / ApplicantGEI COENG CONSTRUCTION COMPANY LIMITED
Defendant / RespondentLONG KAM ENGINEERING PROJECT LIMITED & TSUI HAU HI
JudgesDeputy District Judge Poon Chi Ming
Judgment Summary
Facts
- •Plaintiff claimed oral agreement to share warehouse rent
- •Only Plaintiff signed the lease
- •Plaintiff failed to file witness statements on time
- •Evidence included WhatsApp screenshots and transfer records
- •WhatsApp chats suggested termination of sharing arrangement
- •1st Defendant filed counterclaim but absent at trial
Issues
- •Existence of oral agreement to share rent
- •Sufficiency of documentary evidence
- •Liability of 2nd Defendant
- •Proof of loss amount
- •Disposition of counterclaim due to non-attendance
Outcome
- •Plaintiff's claim against 1st and 2nd Defendants dismissed
- •1st Defendant's counterclaim dismissed
- •No order as to costs
- •Costs order provisional for 14 days
Implication
- •Strict adherence to procedural directions required
- •Burden of proof lies with plaintiff
- •WhatsApp evidence requires authentication
- •Corporate separateness principle
- •Non-attendance may lead to dismissal
Laws & Authorities Cited
- §Rules of the District Court, Order 13