BRASSART JACQUELINE MARCELLE v. R & P INTERNATIONAL ACCOUNTING AFFAIRS LTD AND OTHERS

BRASSART JACQUELINE MARCELLE v. R & P INTERNATIONAL ACCOUNTING AFFAIRS LTD AND OTHERS

The judge found the 1st and 2nd defendants knowingly fabricated representations (including false affiliation with Hang Seng Bank and written assurances) which the plaintiff relied upon when entering the loan and charging property; the conduct constituted deceit, the 2nd defendant acted in the course of employment so...

Source-derived case information.

Citation
BRASSART JACQUELINE MARCELLE v. R & P INTERNATIONAL ACCOUNTING AFFAIRS LTD AND OTHERS
Parties
Plaintiff: Brassart Jacqueline Marcelle; 1st Defendant: R & P International; 2nd Defendant: Accounting Affairs Limited (Naka Lo); 3rd Defendant: Mortlink Credit Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2017
Case Number
HCA305/2015
Procedural Posture
Civil (fraud) / Judgment After Trial (trial Held; Judgment on Fraud Against 1st and 2nd Defendants)
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants for fraud; 1st defendant vicariously liable for 2nd defendant's fraud
Legal Topics
Deceit, Undue Influence, Vicarious Liability, Measure of Damages for Deceit, Interest on Damages, Costs on Indemnity Basis, Money Lenders Ordinance Compliance
Source Language
en
Fraud Contract Tort Vicarious Liability Conspiracy Consumer/consumer Protection Deceit Undue Influence +4 more

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Parties

Brassart Jacqueline Marcelle

Plaintiff

R & P International

1st Defendant

Accounting Affairs Limited (Naka Lo)

2nd Defendant

Mortlink Credit Limited

3rd Defendant

Procedural Posture

Civil (fraud) / Judgment After Trial (trial Held; Judgment on Fraud Against 1st and 2nd Defendants)

Legal Issues

  1. 1 Whether the 1st and 2nd defendants induced the plaintiff to enter the loan by fraudulent misrepresentations
  2. 2 Whether the 1st defendant is vicariously liable for the 2nd defendant's fraud
  3. 3 Whether undue influence is established

Ratio Decidendi

The judge found the 1st and 2nd defendants knowingly fabricated representations (including false affiliation with Hang Seng Bank and written assurances) which the plaintiff relied upon when entering the loan and charging property; the conduct constituted deceit, the 2nd defendant acted in the course of employment so the 1st defendant was vicariously liable, and damages were assessed to restore the plaintiff to the position she would have been in absent the misrepresentations.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants for fraud; 1st defendant vicariously liable for 2nd defendant's fraud

Orders

  • 1st and 2nd defendants to pay the plaintiff HKD 463260 (comprising HKD 350000 consultation fee, HKD 46000 administrative fee, HKD 13260 mortgage costs, HKD 54000 early redemption fee)
  • 1st and 2nd defendants to pay interest on each head of damages at judgment rate from the respective dates when they were paid