WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

The court preferred the Relevant Defendants' factual witnesses and expert valuation over the plaintiffs'; the plaintiffs failed to prove existence of an interested buyer or a real/substantial chance of sale and failed to prove 28 thangkas were consigned; the Consignment Agreement was with the 1st defendant (not the 2nd defendant personally); the 1st defendant's counterclaim failed because the contract allocated responsibility for expenditures to the gallery and the defendant did not demonstrate total waste for all items; service on the 3rd defendant was not proved—therefore plaintiffs' claims and the counterclaim were dismissed, with costs ordered.

Citation
[2023] HKDC 462
Parties
1st Plaintiff: WONG YU CHO, ROLLY; 2nd Plaintiff: WONG WING KING; 1st Defendant: ART STATEMENTS LTD; 2nd Defendant: MR DOMINIQUE PERREGAUX; 3rd Defendant: MS KIM LEUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 April 2023
Case Number
DCCJ5763/2018
Procedural Posture
Civil District Court (consolidated) / Judgment (trial Concluded)
Outcome
Plaintiffs' claims against the Relevant Defendants dismissed; 1st defendant's counterclaim dismissed; no order granted against 3rd defendant for lack of proof of service; costs order nisi made.
Legal Topics
Consignment Agreement, Loss of Chance Damages, Return of Goods/conversion, Service of Process, Expert Evidence and Valuation, Costs
Source Language
EN
Contract Tort Civil Procedure Evidence Commercial Law Art Trade Consignment Agreement Loss of Chance Damages Return of Goods/conversion +3 more

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Parties

WONG YU CHO, ROLLY

1st Plaintiff

WONG WING KING

2nd Plaintiff

ART STATEMENTS LTD

1st Defendant

MR DOMINIQUE PERREGAUX

2nd Defendant

MS KIM LEUNG

3rd Defendant

Procedural Posture

Civil District Court (consolidated) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether 28 or 24 thangkas were consigned and liability for missing four thangkas
  2. 2 Whether plaintiffs suffered a loss of chance to sell Guanyin Statue and Stone Lions between 30 June 2017 and 30 November 2017
  3. 3 Whether the 2nd defendant is personally liable or acted only as agent/officer of the 1st defendant

Ratio Decidendi

The court preferred the Relevant Defendants' factual witnesses and expert valuation over the plaintiffs'; the plaintiffs failed to prove existence of an interested buyer or a real/substantial chance of sale and failed to prove 28 thangkas were consigned; the Consignment Agreement was with the 1st defendant (not the 2nd defendant personally); the 1st defendant's counterclaim failed because the contract allocated responsibility for expenditures to the gallery and the defendant did not demonstrate total waste for all items; service on the 3rd defendant was not proved—therefore plaintiffs' claims and the counterclaim were dismissed, with costs ordered.

Court Disposition

Plaintiffs' claims against the Relevant Defendants dismissed; 1st defendant's counterclaim dismissed; no order granted against 3rd defendant for lack of proof of service; costs order nisi made.

Orders

  • Dismiss the plaintiffs' claims against Art Statements Ltd and Mr Dominique Perregaux
  • Dismiss the 1st defendant's counterclaim against the plaintiffs