CHAN YI PANG AND OTHERS v. SIN YUK LING AND OTHERS

CHAN YI PANG AND OTHERS v. SIN YUK LING AND OTHERS

Plaintiffs failed to prove fraudulent misrepresentation, conspiracy or breach of the 2012 Agreement/Contract; the Contract was consensually rescinded and replaced by the Share Sale Agreement and Supplemental Agreement; plaintiffs are bound by subsequent agreements (including the Settled Account) and must pay outstanding sums to the counterclaim plaintiff; plaintiffs' claims dismissed and costs awarded to defendants on an indemnity basis.

Citation
[2019] HKCFI 65
Parties
1st Plaintiff; 2nd Defendant (by Counterclaim): CHAN YI PANG; 2nd Plaintiff; 3rd Defendant (by Counterclaim): LAI PIK YU; 3rd Plaintiff; 1st Defendant (by Counterclaim): LUCKY SUCCESS (HK) LIMITED; 1st Defendant; Plaintiff (by Counterclaim): SIN YUK LING; 2nd Defendant: WANG WING SING TSE; 3rd Defendant: FIAN PUI YAN TSE; 4th Defendant: BRIGHTIN LIMITED; 4th Defendant (by Counterclaim): WONG CHAU YUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 January 2019
Case Number
HCA215/2015
Procedural Posture
Original Action and Counterclaim (action No 215 of 2015) Civil Trial (fraud, Misrepresentation, Breach of Contract) / Judgment (court of First Instance)
Outcome
Original plaintiffs' claims of misrepresentation, conspiracy, collusion and breach of contract dismissed as unproved; counterclaim allowed in part: defendants by counterclaim ordered to pay specified sums to Irene; costs awarded to Irene on an indemnity basis; Irene to submit draft order regarding security for...
Legal Topics
Fraudulent Misrepresentation, Rescission, Conspiracy/collusion, Breach of Contract, Restitution, Costs and Indemnity Costs
Source Language
EN
Contract Law Tort (fraud/deceit) Equity Civil Procedure Fraudulent Misrepresentation Rescission Conspiracy/collusion Breach of Contract +2 more

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Parties

CHAN YI PANG

1st Plaintiff; 2nd Defendant (by Counterclaim)

LAI PIK YU

2nd Plaintiff; 3rd Defendant (by Counterclaim)

LUCKY SUCCESS (HK) LIMITED

3rd Plaintiff; 1st Defendant (by Counterclaim)

SIN YUK LING

1st Defendant; Plaintiff (by Counterclaim)

WANG WING SING TSE

2nd Defendant

FIAN PUI YAN TSE

3rd Defendant

BRIGHTIN LIMITED

4th Defendant

WONG CHAU YUNG

4th Defendant (by Counterclaim)

Procedural Posture

Original Action and Counterclaim (action No 215 of 2015) Civil Trial (fraud, Misrepresentation, Breach of Contract) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether alleged fraudulent misrepresentations induced the 2012 Agreement or the later Contract
  2. 2 Whether defendants breached the 2012 Agreement or the Contract by failing to deliver stock/transfer lease or shares
  3. 3 Whether there was a conspiracy/collusion to defraud

Ratio Decidendi

Plaintiffs failed to prove fraudulent misrepresentation, conspiracy or breach of the 2012 Agreement/Contract; the Contract was consensually rescinded and replaced by the Share Sale Agreement and Supplemental Agreement; plaintiffs are bound by subsequent agreements (including the Settled Account) and must pay outstanding sums to the counterclaim plaintiff; plaintiffs' claims dismissed and costs awarded to defendants on an indemnity basis.

Court Disposition

Original plaintiffs' claims of misrepresentation, conspiracy, collusion and breach of contract dismissed as unproved; counterclaim allowed in part: defendants by counterclaim ordered to pay specified sums to Irene; costs awarded to Irene on an indemnity basis; Irene to submit draft order regarding security for...

Orders

  • All claims made by Chan Yi Pang and Lai Pik Yu (original plaintiffs) dismissed
  • Costs of original action to be paid by the plaintiffs on an indemnity basis