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DCCJ3790/2021

GEI COENG CONSTRUCTION COMPANY LIMITED v LONG KAM ENGINEERING PROJECT LIMITED & TSUI HAU HI

中文

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