Kang v Eau [2010] EWHC 1837 (QB) (27 July 2010)

Kang v Eau [2010] EWHC 1837 (QB) (27 July 2010)

No misrepresentation was made by the Claimant; Defendant accepted liability for the DTI/Lloyds Bank Loan; clause 2.5 is not illegal; Defendant affirmed the SSA after purported rescission; Claimant entitled to principal sums claimed; counterclaim dismissed.

Citation
[2010] EWHC 1837 (QB)
Parties
Claimant: Mrs Eun Young Kang; Defendant: Mr Zoo Thang Eau
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Commercial Contract Dispute / Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Share Sale Agreement, Misrepresentation, Collateral Warranty, Company Distributions
Contract Law Company Law Share Sale Agreement Misrepresentation Collateral Warranty Company Distributions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Eun Young Kang

Claimant

Mr Zoo Thang Eau

Defendant

Procedural Posture

Commercial Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether misrepresentations were made by the Claimant regarding liabilities and creditors of Robata Ltd
  2. 2 Whether the Defendant is entitled to rescind the Share Sale Agreement or claim damages
  3. 3 Legality of clause 2.5 of the SSA under Section 830 of the Companies Act 2006

Ratio Decidendi

No misrepresentation was made by the Claimant; Defendant accepted liability for the DTI/Lloyds Bank Loan; clause 2.5 is not illegal; Defendant affirmed the SSA after purported rescission; Claimant entitled to principal sums claimed; counterclaim dismissed.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Defendant to pay Claimant £170,000 under SSA.
  • Defendant to pay Claimant £14,579 for VAT returns.